Ashok Kumar Shaw vs State Of Odisha & Another
2023 Latest Caselaw 1548 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  CRLMC No.2266 of 2022

            Ashok Kumar Shaw                           ....             Petitioner
                                                       Mr. P.S.Nayak, Advocate


                                          -Versus-


            State of Odisha & Another               ....        Opposite Parties
                                                       Mr.S.S.Mohapatra, ASC
                                            Ms. Begum, Advocate for O.P.No.2


                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                          ORDER

20.02.2023 Order No.

01. 1. Heard Mr. Nayak, learned counsel for the petitioner and Mr. Mohapatra, learned counsel for the State-opposite party No.1 besides learned counsel for opposite party No.2.

2. An affidavit is field by the Bank sworn by DGM, IDBI Bank in the Court today indicating therein that the outstanding loan amount has been cleared by the petitioner, who is issued with a No Due Certificate, dated 15th October, 2018 and even released the original title deeds of the mortgaged properties on 12th July, 2019. A copy of the said affidavit is requested to be served on Mr. Mohapatra, learned counsel for the State-opposite party No.1 in course of the day.

3. Mr. Nayak, learned counsel for the petitioner submits that the offences are compoundable in nature and that apart, the outstanding loan amount is cleared and account stands closed which is corroborated by the affidavit of the Bank. It is further submitted that

no offence is under Section 406 IPC is made out and hence, the criminal proceeding as against the petitioner should be quashed morefully when the loan amount is paid and received back with the original title deeds released in the meantime. While contending so Mr. Nayak, learned counsel for the petitioner cited a decision of the Apex Court in Central Bureau of Investigation, SPE, SIU(X), New Delhi Vs. Duncans Agro Industries Ltd., Calcutta reported in AIR 1996 SC 2452 to contend that under the circumstances, no case of breach of trust is made out against the petitioner.

4. Mr. Mohapatra, learned counsel for State-opposite party No.1 submits that he needs to go through the said judgment of the Supreme Court and respond back on the next date.

5. List on 9th March, 2023 for further hearing and orders.

6. Interim order passed earlier shall continue till the next date of listing.

(R.K. Pattanaik) Judge

kabita