Chakradhar Ghadei Vs State of Odisha

2. At the instance of the opposite party No.2, the F.I.R. in connection with Badambadi P.S. Case No.360 of 2022 corresponding to G.R. Case No.1591 of 2022 came to be registered against the petitioners for the alleged commission of offences punishable under Sections 341/323/420/406/506/34 of the IPC, pending in the Court of learned J.M.F.C. (City), Cuttack.

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3. The opposite party No.2 reported at P.S. alleging

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therein that, the petitioners issued three cheques for Rs.60 lakhs on 18.12.2018 for copyright distribution agreement for the movie AJAB SANJU KA GAJAB LOVE which was produced by the complainant. When the said three cheques were deposited at the Bank, the same were dishonoured, as the signature did not match and when the complainant brought the matter to the notice of the petitioner No.1, he paid no heed to it. Later he gave three new cheques of Axis Bank, Cuttack. When the complainant deposited the said cheques in the bank, the said cheques has also been bounced, as there was low balance. Hence, the F.I.R.

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4. In regard to the allegation made in the F.I.R., there were three cases under Sections 138 of the N.I. Act being ICC Case No.1655 of 2019, ICC Case No.2498 of 2019 and ICC Case No.2417 of 2019, which had already been initiated by the opposite party No.2 against the petitioners. The petitioners and the opposite party No.2 have arrived at a composite settlement. The composite settlement has been reduced in writing by way of the deed of settlement / deed of compromise dated 21.12.2022, which has been filed as Annexure-2 to this petition.

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5. The terms of settlement has already been enumerated which reads as under:

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“4. That, the FIRST PARTY (Smt. Soubhagyalaxmi Jena, Sai Sradha Tele Production Pvt. Ltd) and her husband shall immediately cooperate to withdraw the aforesaid I.C.C. Cases pending before the learned J.M.F.C, Bhubaneswar, as I.C.C. Case

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No.1655 of 2019, I.C.C. Case No.2498 of 2019, and I.C.C. Case No.2497 of 2019 and take steps for filing of withdrawal / compromise petition before the appropriate Learned Trial Courts in connection with the Badambadi PS Case No.360 dated 25.11.2022, corresponding to G.R. Case No.1591 of 2022 as soon as possible and cooperate on each occasions in the Court/ Court's proceeding for immediate release of Chakradhar Ghadei from Jail Custody, who is arrested by Badambadi Police on a case foisted by the FIRST PART members for recovering the cheque amounts involved in the cheque bounce cases, which are subjudiced before the learned J.M.F.C., Bhubaneswar, and to act in terms of performance of this agreement.

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5. That, No further dues/reliefs/amounts shall be claimed by either of the parties in connection with the present subject matter of the I.C.C. Case No.1655 of 2019, I.C.C. Case No.2498 of 2019 and I.C.C. Case No. 2497 of 2019, instituted in the Court of the learned J.M.F.C, Bhubaneswar and the Criminal Case vide G.R. Case No.1591 of 2022, pending in the court of learned J.M.F.C, (City), Cuttack after performance of the terms of this agreement.

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6. That, the SECOND PARTY shall also withdraw the CRLMC No. 3051 of 2022, CRLMC No. 3052 of 2022 and CRLMC No. 3053 of 2022, which are filed against the FIRST PART members before the Hon'ble High Court of Orissa as per the performance of the terms of this Agreement.”

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6. In pursuance to the aforementioned settlement terms, CRLMC No.3052 of 2022 and CRLMC No.3053 of 2022 have been listed before this Court today along with the present matter, which have been agreed to be withdrawn.

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7. The petitioner No.1 is present before this Court today whereas the other two petitioners are not present in the Court today. On behalf of the petitioner

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Nos.2 & 3, an application for exemption from personal appearance in the Court has been filed before this Court. For the reasons stated in the application, the same is allowed.

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8. The petitioner No.1 is represented by his counsel Mr. Amitav Tripathy and being identified by him. He has also filed the photocopy of his self-attested Aadhaar Card to establish his identity, which has been taken on record.

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9. The opposite party No.2 is also not present in the Court today. Mr. Akash Bhuyan, Advocate appears on her behalf and filed vakalatnama. He submits that he has no objection to the petition.

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10. Since the parties have already settled their dispute and the disputed amount has already been paid to the opposite party No.2, which has been endorsed by the learned counsel appearing on her behalf, the petition deserves merit.

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11. Mr. Mohanty, learned Additional Standing Counsel appearing for the opposite party No.1-State submits that Since the parties have already settled their dispute and the disputed amount has already been paid to the opposite party No.2, which has been endorsed by the learned counsel appearing on her behalf, there is no legal impediment in quashing the present F.I.R.

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12. Regard being had to the fact that the parties have settled their dispute and they have also filed the deed

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of settlement, I am inclined to allow the present petition. In the fact scenario of the present case, subjecting the petitioners to the rigors of trial is destined to be a futile exercise. The present case is squarely covered by the judgments of the Hon’ble Supreme Court in the cases of Gian Singh v. State of Punjab and another, reported in 2012 (10) SCC 303; B.S. Joshi & others v. State of Haryana & another, reported in (2003) 4 SCC 675 and Madhavrao Jiwajirao Scindia & another v. Sambhajirao Chandrojirao Angre and others , reported in AIR 1988 SC 709, therefore, the petition deserves merit.

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13. Taking into consideration the aforementioned judgments, the facts of the case and submissions made at the Bar, the F.I.R. in connection with Badambadi P.S. Case No.360 of 2022 corresponding to G.R. Case No.1591 of 2022 pending in the Court of learned J.M.F.C. (City), Cuttack and the consequential proceedings arising therefrom qua the petitioners are quashed.

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14. The CRLMC is accordingly disposed of.

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Judge

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Signature Not VerifiedSubhasis

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 17-Apr-2025 11:03:31

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Chakradhar Ghadei v. State of Odisha

Case brief

What is this about?

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Chakradhar Ghadei v. State of Odisha

Case brief

What is this about?

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