JUDGMENT :

D.P. Choudhury, J.

Challenge has been made to the impugned order dated 2.12.2004 and also the entire proceeding in ICC No.68 of 2002 pending in the court of the learned S.D.J.M., Bargarh with the prayer to quash the same under Section 482, Cr.P.C.

FACTS

2. The unravelled story of the prosecution case is that the petitioner joined as Manager in M/s.IDCOL Cement Ltd. in March, 1996 and subsequently w.e.f. 1.3.1998 he was posted as Zonal Manager at Bhubaneswar and was looking after the sales promotion of IDCOL Brand cement. It is alleged, inter alia, that the accused in his full capacity by letter dated 25.11.1998 forwarded the application dated 23.11.1998 of one Amiya Kanta Nayak introducing him as Proprietor of M/s.Nayak Construction, Ballibhagat Road, Buxi Bazar, Cuttack. He had also signed on the copy of the Contractor Licence issued by the Superintending Engineer, P.H. Circle in the name of Amiya Kanta Nayak along with work order purported to have been awarded the construction work under the Project Engineer, Project Management, Unit-II, Cuttack, Kendrapara, OWS & SB in favour of M/s.Nayak Construction. The petitioner has also intimated that a Bank Draft of Rs.18,000/- was