JUDGMENT :

S.K. Sahoo, J.

The petitioner Ashok Kumar Padhy who is the Managing Director of M/s. Auro Constructions, Bhubaneswar has filed this application under section 482 of Cr.P.C. for quashing the impugned order dated 05.09.2013 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. Case No.4995 of 2013 in taking cognizance of offence under section 420 of the Indian Penal Code and issuance of process against him.

2. The opposite party no.1 ICFAI Foundation for Higher Education through its Addl. Registrar Mr. Samad Noorus filed the complaint petition stating therein that the complainant is a registered trust having its registered office at Hyderabad. The complainant was in search of fifty acres of contiguous land in and around Bhubaneswar for establishing a University for imparting higher education. The petitioner came to know about the requirement of the complainant and approached him and represented himself as the Managing Director of M/s. Auro Constructions, a Partnership firm and power of attorney holder of M/s. Sofia Study Circle, Cuttack and promised to facilitate and arrange minimum fifty acres of contiguous land with clear title and free from encumbrances within mouza Simili