J.B. Pardiwala, J.

1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants, original accused persons seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report being I-C.R. No. 1 of 2010 registered with the Gandhinagar Zone Police Station, Gandhinagar for the offence punishable under Sections 406, 420 and 120B of the Indian Penal Code.

2. The case of the first informant may be summarised as under:

"2.1 The first informant is a businessman and is engaged in the business of trading of Cotton. He is carrying on business in the name of Kirti Corporation and S. Arpan Enterprise. He is engaged in the business of trading of cotton past twenty nine years. The first informant has good relations with one Rajgopalan, a former employee of the G.P.I.L. After resigning from the G.P.I.L. Shri Rajgopalan took up employment as a Manager in the company of the accused persons. The accused persons are carrying on business in the name of Euro Cotspin. It is the case of the first informant that a meeting was arranged by Shri Rajgopalan with the applicant No. 1 namely, Rajeev Khandelwal, sometime in the year 1998-1999. The first informant and the applicants herein decided to enter into a business agreement. According to the first informant, he started supplying cotton to the applicants and he used to receive the payment regularly. The business continued smoothly upto 2001. Thereafter, the first informant noticed that the applicants were not regular in making the payment of the goods supplied. However, the applicants herein are said to have persuaded the first informant to continue with the supply of the goods. Acting on the promise given by the applicants, the first informant continued to supply the goods. In the F.I.R. it has been stated that out of the outstanding dues of Rs. 3,16,47,194/- the applicants herein made payment of Rs. 1,98,97,024/-. The amount of Rs. 1,17,50,230/- is still due and payable. It is alleged that the applicants herein cheated the first informant by not making the full payment towards the goods supplied. It is also stated in the F.I.R. that as on date, the amount of Rs. 4,12,43,777/- is due and payable by the applicants. For a particular amount, the cheques were also issued by the applicants, but the same came to be dishonoured."

3. In such circumstances, the F.I.R. had to be lodged by the first informant.

4. Mr. Bhadrish Raju, the learned counsel appearing for the applicants vehemently submitted that even if the entire case of the first informant is believed or accepted to be true, none of the ingredients to constitute the offence of criminal breach of trust punishable under Section 406 of the Indian Penal Code or cheating punishable under Section 420 of the Indian Penal Code are spelt out. He submits that the F.I.R. in question is for the offence alleged to have been committed between 1998-2003. He submits that after a period of almost seven years, the F.I.R. came to be lodged. Mr. Raju vehemently submitted that if the first informant is very much concerned about the recovery of the amount and if his case is genuine, then, by now, he should have filed a civil suit for the recovery of the requisite amount. However, till this date, no civil suit is also filed for recovery of the amount due and payable. Mr. Raju submits that on the contrary, some of the goods supplied by the first informant had to be rejected, because the same were of inferior quality, and it is his clients, who had to institute a civil suit in the Court of the Civil Judge (Senior Division), Rajpura. Such civil suit was filed way back in the year 2003. Mr. Raju invited my attention to Annexure-C, i.e. the plaint of the civil suit filed by the applicants herein.

5. Mr. Raju further submitted that in fact, his clients have been cheated, and therefore, his clients had to file a complaint dated 24th August 2006 addressed to the police officer of the Gandhinagar Police Statio