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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Birendra Mohan Pattanaik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to order of cognizance (Para 1 , 2 , 4) |
| 2. arguments for quashing the complaint (Para 5 , 6) |
| 3. discussion on sufficiency of evidence for fraud (Para 7 , 13) |
| 4. legal standards for inquiry under section 202 (Para 8 , 9) |
| 5. need for thorough investigation before cognizance (Para 16) |
| 6. court's final order and directives. (Para 17 , 18) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant petition under Section 482 Cr.P.C is at the behest of the petitioner challenging the correctness, legality and judicial propriety of the impugned order of cognizance dated 8th February, 2021 passed in 1.C.C. No. 3733 of 2020 by the learned S.D.J.M., Bhubaneswar on the grounds inter alia that the same is not tenable in law and hence, liable to be interfered with and quashed in exercise of the Court’s inherent jurisdiction.
2. In fact, opposite party Nos. 2 and 3 filed the complaint in 1.C.C. No. 3733 of 2020 against the petitioner, wherein, the learned Court below recorded the initial statement of opposite party No.3 under Section 200 Cr.P.C and received evidence during inquiry in terms of Section- 202 Cr.P.C. and at last, passed the impugned order dated 8th February, 2021 vide Annexure-
The Court determined that a detailed inquiry under Section 202 Cr.P.C is essential before taking cognizance in allegations of fraud and forgery, highlighting the importance of judicial diligence and ....
Point of law: Cheating – private complaint - Court has to examine whether the material on record is sufficient and whether the Magistrate is satisfied with the allegations in the complaint
The absence of dishonest intention is crucial for establishing offenses under the Indian Penal Code, impacting the dismissal of complaints and the sufficiency of evidence in criminal proceedings.
A civil dispute may contain elements of criminal wrongdoing, and the existence of a civil remedy does not bar the initiation of criminal proceedings if the allegations suggest potential criminal offe....
Section 415 of IPC mandates that there should be inducement from hands of accused to victim to part with any property and transaction should be tainted with dishonest intention right from its outset.
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