ORDER

11.08.2017 Heard learned Counsel for the petitioner and learned Counsel for opposite party No.2.

2. This application under Section 482 of Cr.P.C. has been filed by the petitioner challenging the order dated 26.02.2007 passed by the learned S.D.J.M., Bolangir in G.R. Case No.447 of 2003 rejecting an application filed under Section 239 of Cr.P.C. to discharge the petitioner from the charges levelled against him. The leaned Addl. Sessions Judge, Bolangir in Criminal Revision No.13/3 of 2007-09 by order dated 03.03.2010 has confirmed the same.

3. Learned Counsel for the petitioner submitted that the transaction between the petitioner and the complainant was share business. There was no inducement or deception to deliver any property and the dispute, if any is purely civil in nature. The petitioner being a Partner cannot be said to have committed criminal breach of trust of his own business, as such it is a case of civil liability only. In support of his submission he has relied on the decisions reported in AIR 2009 SC 3191 and (2009) 43 OCR (SC) 680. Hence the impugned orders are not sustainable in the eye of law and the same need be interfered with.

4. Learned Counsel for opp