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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Bijayalaxmi Dash – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Sanjeeb K. Panigrahi, J.
1. In this Criminal Miscellaneous Petition, the petitioner seeks a direction from this Court to quash the entire criminal proceeding in G.R. Case No.858 of 2022 arising out of U.P.D. Nandankanan P.S. Case No.0107 of 2022 pending before the learned J.M.F.C. (O), Bhubaneswar, including the order rejecting discharge and framing of charge, on the ground that the dispute is purely civil in nature and continuation of prosecution amounts to abuse of process of law.
I. FACTUAL MATRIX OF THE CASE:
2. The facts of the case are as follows:
(i) The present proceeding arises out of G.R. Case No. 858 of 2022 pending before the Learned JMFC (O), Bhubaneswar, which in turn originates from U.P.D. Nandankanan P.S. Case No. 0107 dated 26.07.2022 registered under Sections 420 , 294 and 506 IPC against the sole accused, Smt. Bijayalaxmi Dash.
(ii) The FIR alleges that between 11.04.2019 and 02.03.2020 the accused availed a friendly loan of Rs. 14,95,000/- from the informant, out of which Rs. 5,45,000/- was transferred through bank accounts maintained by the accused at SBI, Ravenshaw University Campus Branch, and Rs. 9,50,000/- was allegedly paid in cash, with an assurance
Criminal proceedings cannot be quashed merely on the basis of a civil nature claim; prima facie evidence of criminal intent under Section 420 IPC necessitates trial.
Criminal proceedings cannot be quashed solely due to the existence of civil remedies; prima facie evidence of criminal offenses warrants trial.
The court quashed proceedings for cheating and intimidation, finding no prima facie case due to lack of dishonest intention and insufficient evidence.
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
A dispute over loan repayment, lacking evidence of deception or fraudulent intent, is deemed a civil matter and does not justify criminal proceedings under the Indian Penal Code.
The ingredients of the offence under Section 420 IPC must be satisfied for a criminal prosecution to be maintainable, even if a civil dispute exists between the parties. The pendency of a case under ....
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
Civil disputes should not be criminalized; lack of fraudulent intent and delay in filing complaint vitiate criminal proceedings.
The court established that civil disputes should not be cloaked as criminal offenses, emphasizing the need for clear evidence of criminal intent to sustain charges of cheating.
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