ORDER

Heard learned counsel for the petitioner, learned senior counsel for the informant and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 409, 385, 387, 504, 506, 34 of the Indian Penal Code.

3(a). Allegation against the petitioner in the First Information Report is that the informant owes a factory in the name and style of Hemraz Feeds India Pvt. Ltd. situated at Fatuha Industrial Area and he is the Managing Director of the said factory. The informant manufactures cattle feeds in the said factory. It is further alleged that the petitioner used to regularly purchase cattle feed for the last 4 to 5 years from the informant and used to make regular payment, but for the last 2 to 3 years, he did not make the payment for the cattle feed and the total outstanding as of now is Rs. 75,50,514 for which the informant has got documentary evidence in proof.

3(b). It is further alleged that on 16.06.2022 at about 4 P.M., the petitioner along with four unknown persons came to the office of the informant, which is situated in his residence itself and winked his eyes towards the four unknown persons. Thereafter, the informant asked the petitioner as to whether he has brought the amount due to him, on which the petitioner abused the informant and asked him to forget about the money and instead arrange Rs. 1 Crore or to face dire consequences. On this, the informant told that he has no money to pay a huge amount of Rs. 1 Crore and requested the petitioner to pay his outstanding dues. Thereafter, the petitioner asked the unknown persons to catch hold the informant and take him with them and pointed his pistol at the informant due to which the informant and his staff got afraid.

3(c). It is further alleged that petitioner is said to have tried to disgorge the money of the informant fraudulently.

4. Learned counsel for the petitioner submits that no offence under Sections 420 and 406 and other allied sections of the Indian Penal Code is made out against the petitioner. From bare perusal of the First Information Report, as the allegation against the petitioner is related to commercial dispute arising out of business transaction and mere breach of contract cannot give rise to criminal prosecution for cheating. It is further submitted that the informant himself has stated in the FIR that the business transaction between the parties were continuing for the last 4 to 5 years and as per the allegation, the petitioner defaulted in repayment of dues for the last 2 to 3 years, whereas the payment in the earlier years was regular. Therefore, it can safely be held that there was no fraudulent or dishonest intention at the time of making the promise or at the beginning of the transaction to constitute the offence under Section 420 of IPC. It is further submitted that to constitute the offence under Section 406 of the Indian Penal Code, there must be allegation of misappropriation done in dishonest manner, which is conspicuously absent in the FIR.

5. Learned counsel for the petitioner further submits that from Para 15 of the case diary, it is evident that the informant had supplied the details of accounting which itself shows regular payment till 2019, but on account of complete lock down, announced from third week of March, 2020, the business of the petitioner came to a grinding halt and all the supply of cattle feed which was made by the informant in the accounting also shows massive supply in March 2020, which the petitioner was reluctant to accept on account of total closure of business and therefore, the dispute of payment pertains to the period protected by force majeure and therefore, the acknowledgment of amount due and payable in the balance sheet, i.e, Rs. 75 lacs (approx) which had been brought on record by the informant to establish that there is an admitted due, is a disputed question of fact which has to be examined in a duly constituted civil proceeding as