JUDGMENT :

S.K. SAHOO, J.

This is an application under section 482 of Cr.P.C. filed by the petitioner Dr. Debi Prasanna Rath in challenging the impugned order dated 19.07.2004 of the learned S.D.J.M., Sambalpur passed in I.C.C. Case No. 78 of 2001 in taking cognizance of offence under section 406 of the Indian Penal Code and issuance of process against him.

2. The opp. party Padmini Panda filed the complaint petition stating therein that she is the Director of M/s. Padmini Computers imparting computer education under license from APTECH Ltd. The institution was tied up with number of institutions and universities. Accused no.1 Miss Laxmi Gope was the Principal of the Govt. Women’s College, Sambalpur who invited detailed information regarding provisions of job oriented course for under-graduate students belonging to senior categories. The institution of the complainant submitted the tender as per requirement and the committee which was constituted by accused no.1 recommended M/s. Padmini Computer as suitable for imparting computer education as per the guidelines of U.G.C. and accordingly, accused no.1 by her letter dated 05.07.2001 informed the complainant’s centre regarding acceptance of the tender and also requested the complainant expedite the process of teaching to the new job-oriented computer course to the students of Govt. Women’s College, Sambalpur by opening the extension wing inside the college campus.

It is the further case of the complainant that a memorandum of understanding was signed between the complainant’s centre and accused no.1 on 06.07.2001. As per the agreement and memorandum of understanding, the centre of the complainant was required to install the computers and other necessary accessories with complete A.C. in the room which was allocated inside the college campus for the purpose of teaching the computer course to the students. It was agreed upon between the parties that the entire installation expenditure is to be borne by the complainant’s centre. The fees shall be charged from the students in seeking admission which would be 60% of the regular course fees. The college administration will assist in collecting the fees from the students and provide electricity and telephone etc. and will receive 5% of the total collection and the telephone charges shall be paid by the complainant’s institution. As per the agreement between the parties, one room was provided for the computer lab and accordingly the complainant’s institution fitted all the necessities like furnitures, doors, paintings, electrical fittings with carpet etc. to provide a complete laboratory facilities for twenty students and the total cost was about Rs.2,11,800/-(rupees two lakhs eleven thousand and eight hundred only). For the session 2000-2001, for the teaching purpose, the complainant paid an advance of Rs.3,65,000/-(rupees three lakhs sixty five thousand) to the dealer Nexzun Communication for supply of required nos. of computer CVT, UPS and Printer etc. and thereby the total cost incurred by the complainant was Rs.5,90,300/-(rupees five lakhs ninety thousand three hundred only) to complete the terms of the agreement.

It is the further case of the complainant that the accused no.1 with her staff as well as the petitioner collected Rs.10,00,000/-(rupees ten lakhs only) from the intending students seeking admission and kept the same illegally and misappropriated the amount and receipts were also supplied to the students. It is stated that the petitioner along with the accused no.1 who is the Principal with their staff were supervising the installation of computer laboratory in room no.2 in pursuance of the agreement. Some misunderstanding cropped up between the accused persons and the complainant as the accused persons demanded a lion’s share of the expected profit in continuing the scheme of computer education inside the college premises to which the complainant could not accept. The complainant expressed her discontentment for which a letter