JUDGMENT :

K.P. Mohapatra, J. - The Petitioner was accused in I. C. C. Case No. 3 of 1983 instituted by the opposite. party making allegations of commission of offences under Sections 409 and 420., I. P. C. After -enquiry u/s 202, Code of Criminal Procedure the complaint petition was dismissed by the learned Sub-Divisional Judicial Magistrate. The opposite party preferred a revision which was allowed by the learned Sessions Judge, Dhenkanal who directed taking of cognizance of an offence u/s 409, I. P. C., The above order has been challenged in this revision.

2. The facts of the case in short are that the Petitioner was acting as the Sarpanch of Kaintaragarh Grama Panchayat which managed the ferry ghatat Kuleswar on river Mahanadi. In the year 1982-83 at the highest bid of the opposite party of the sum of Rs. 14,000/- the ferry ghat was leased out to him. Out of the amount, he had paid Rs. 8000/- and a moo of Rs. 6000/- was outstanding on him. Therefore, notices were served on the opposite party from the Grama Panchayat office for payment of the balance on or before. 5-2-1983, in default of which he was prohibited to operate the ferry. The opposite party however, could not make the d