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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Sonia Tripathy – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges against the appellant. (Para 1 , 2 , 3) |
| 2. arguments regarding the validity of allegations and intent. (Para 4 , 11 , 13) |
| 3. importance of reviewing evidence at discharge stage. (Para 6 , 19) |
| 4. legal standards for establishing cheating. (Para 7 , 8 , 9 , 10 , 14 , 15 , 18) |
| 5. final dismissal of revision petition. (Para 20) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant revision under Section 442 BNSS corresponding to 401 Cr.P.C. is at behest of the petitioner challenging the impugned order dated 11th July, 2025 passed in connection with C.T. No.101(A) of 2023 by the learned Presiding Officer, Designated Court under the OPID Act, Cuttack, Odisha, whereby, an application under Section 262 read with Section 239 Cr.P.C. moved by her seeking discharge from the offences punishable under Sections 420 , 506 and 120-B IPC read with Section 34 was rejected on the ground inter alia that such decision is otherwise illegal, without proper evaluation of the materials on record, hence, the same is liable to be interfered with and set at naught.
2. In fact, the petitioner has been chargesheeted for the alleged offences in connection with EOW, Odisha, Bhub
The existence of dishonest intention from inception is crucial for establishing the offense of cheating; mere default in loan repayment is insufficient for criminal prosecution.
The prosecution must prove fraudulent or dishonest inducement, intention to deceive (mens rea), and the case beyond a shadow of reasonable doubt in cases of cheating under Section 415 IPC and Section....
To establish an offence under Section 420 IPC, fraudulent intent must be shown; mere verification of a false affidavit without intent does not constitute cheating.
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