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ORISSA HIGH COURT
R.K. PATTANAIK, J
Rohit Sharma – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioners challenge criminal proceedings under section 482. (Para 1 , 2) |
| 2. allegations of cheating against petitioners are detailed and denied. (Para 3 , 5 , 8) |
| 3. court analyzes the nature of the dispute as civil but with potential criminal implications. (Para 6 , 7 , 10 , 11 , 12) |
| 4. final ruling dismisses the petitions. (Para 14 , 15) |
JUSTICE R.K. PATTANAIK DATE OF JUDGMENT:22.02.2023
1. Instant petitions under Section 482 Cr.P.C. are at the behest of the petitioners for quashing of the criminal proceeding in connection with Rambha P.S. Case No.92 dated 15th March, 2022 corresponding to G.R. Case No.320 of 2022 pending in the file of learned J.M.F.C., Khallikote on the grounds inter alia that no prima facie case is made out under Sections 420 read with 34 IPC and furthermore, at the dispute is civil in nature.
2. Since the matter arises out of a common cause of action, the both the petitions have been clubbed together and are disposed of by the following order.
3. In the present case, opposite party No.2 lodged the FIR against the petitioners with the allegation that the consignment of oil was honoured and released in good faith but payment was not ensured despi
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