ORDER

1. Leave granted.

2. Heard the learned counsel for the parties.

3. We are of the opinion that no criminal offence is made out, even if we accept the factual assertions made in the complaint, which was registered as the First Information Report. Failure to pay rent may have civil consequences, but is not a penal offence under the Indian Penal Code, 1860 (for short, “IPC”). Mandatory legal requirements for the offence of cheating under Section 415 and that of misappropriation under Section 403 IPC are missing.

4. In view of the aforesaid position, the First Information Report is quashed.

5. On the question being put to the counsel for the appellants, it has been stated that the appellants have vacated the property. Learned counsel for the respondent No.3 disputes this statement, and states that the appellants have not handed over physical vacant possession of the property to respondent No.3.

6. Be that as it may, in view of the statement made by the learned counsel for the appellants, respondent No.3 is at liberty to enter into possession of the property without violating any law.

7. Learned counsel for respondent No.3 states that there are huge arrears of rent which have to be recove