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BAIDYANATH NAIK – Appellant
Versus
STATE OF ODISHA – Respondent


Advocates:
['M/S R B MOHANTY', '', 'A PATNAIK', 'S PATNAIK', 'R K PATI', 'S MOHAPATRA', 'B S RAYAGURU', 'P P MULIA']

05. 19.07.2019

Heard learned counsel for the petitioners and

learned counsel for the State.

2.

This application under Section 482 of Cr.P.C. has

been filed by the petitioners with a prayer to quash the

order dated 17.01.2017 passed by the learned S.D.J.M.(S),

Cuttack in G.R. Case No.1532 of 2015 taking cognizance

of

the

offences

punishable

under

Sections

420/467/468/471/34 of I.P.C. and the proceeding

against them.

3.

The materials on record goes to show that the

Petitioner No.1-Baidyanath Naik along with four others

including the informant had opened a join account in the

name of “Brajaraj Movies” in ICICI Bank, Chaudhury

Bazar Branch, Cuttack with the stipulation that any one

of the account holder can independently operate the

account. The account was being managed by the

Accountant of the said bank, namely, Babaji Rout

(Petitioner No.4). However, one of the partner, namely,

Snehalata Nayak who is the mother-in-law of the

informant died on 13.10.2012. After her death, the

account was closed and an amount of Rs.1,64,867/- was

taken by a draft by the Accountant-Petitioner No.4. When

one of the partners, namely, Itishree Naik

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