The court emphasized that the criminal law should not be invoked for purely civil disputes and that the correctness of the material placed by the prosecution in the charge-sheet should not be considered at the stage of deciding the application under Section 482 of the Cr.P.C.

JUDGMENT :

(Shyam C. Chandak, J.)

1. By this Application, under Section 482 of the Code of Criminal Procedure, 1973, the Applicant invokes the inherent powers of this Court and seeks quashing and setting aside of F.I.R. bearing No.221 of 2020, registered at Chandwad Police Station, Nashik (Rural) on 8th December, 2020 under Sections 120-B, 34, 409, 420, 504, 506 of the I.P.C.

2. Facts giving rise to this Application are as under:

The F.I.R. No.221 of 2020 has been lodged by Respondent No.2-Complainant, who is engaged in the business of trading onions through his company namely M/s. Paras Trading Company at APMC Complex, Chandwad, Nashik. It is alleged that the Applicant has two companies in the name of M/s. Surendra Kumar Bhagat (H.U.F) and Shri Laxmi Traders, Firm at Purnia, Bihar. The Applicant is one of the partners of M/s. Surendra Kumar Bhagat (H.U.F.). It is alleged that, since the year 2016, the Applicant was trading in the commodity of onions with Respondent No.2. That, based on the demands of the Applicant, Respondent No.2 used to purchase the onions from the APMC and supply the same to Applicant through railway/trucks. In turn, the Applicant was paying for the goods supplied through banking transactions. It is alleged that, thus the Applicant through mutual business gained the trust of Respondent No.2. That, between December 2018 to January, 2019, during the normal course of business, Respondent No.2 supplied total 9604 Quintile and 15 Kg of onions worth of Rs.69,54,943/- to M/s. Surendra Kumar Bhagat (H.U.F.). But out of the said amount, the Applicant has paid to Respondent No.2 Rs.28,99,994/- only through banking transaction. Hence, Respondent No.2 contacted the Applicant and other accused persons telephonically and demanded the balance amount of Rs.40,54,949/-, but they avoided to pay the same. Therefore, Respondent No.2 got compelled to borrow money and pay it to the onion producers-agriculturists. Thereafter, again Respondent No.2 contacted the Applicant and the co-accused telephonically and demanded the balance amount, but it was in vain. Then Respondent No.2 contacted the other onion businessmen at Chandwad and Pimpalgaon. They revealed that their amount is also due from the Applicant but he is avoiding to pay them. Hence, all the businessmen went to Bihar, met the Applicant and co-accused and demanded their money, but the Applicant and co-accused refused to pay the money. Thereafter, many a times Respondent No.2 phoned the Applicant and demanded the balance amount. So, the Applicant paid him Rs.50,000/-only. However, the Applicant and the co-accused denied to pay the balance amount of Rs.40,54,949/-. Thus, the Applicant and others cheated to Respondent No.2. Hence, Respondent No.2 lodged the said F.I.R. which was registered against the Applicant and the co-accused persons for the offences punishable under Sections 120-B, 409, 420, 504, 506 read with 34 of the Indian Penal Code, 1860. But according to the Applicant, he is innocent, yet, he has been implicated in the said F.I.R. Hence, this Application.

3. Peruse the Application and the documents enclosed.

4. Heard Mr. Gole, the learned Counsel for the Applicant and Ms. Mahalakshmi Ganpathy, the learned APP for Respondent No.1-the State.

5. Learned Counsel for the Applicant submitted that in January 2018, the I.T. Department froze the bank account of Shri Laxmi Traders, therefore, in 2018-19, the Applicant did his business with Respondent No.2 through M/s. Surendra Kumar Bhagat (H.U.F.). It is submitted that, the Applicant has already paid the entire price of the supplied onions including the transport/labour etc., charges in respect of the said business. The last payment of Rs.50,000/- was made three days after lodging of the F.I.R. The total amount paid was Rs.44,50,000/-. This all can be easily seen from the ledger account maintained by M/s. Surendra Kumar Bhagat (H.U.F.), in the name of the trading company of Respondent No.2 and the bank account statement of the