BAIDYANATH NAIK – Appellant
Versus
STATE OF ODISHA – Respondent
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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