ORDER :

1. The application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR bearing C.R. No. I – 06 of 2017 registered with Salabatpura Police Station, Surat, for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

2. The petitioner states that he is a director of the registered company, doing its business in the name and style of “Maayu Import and Export Limited”, having its registered office at 103, 3rd Cross Street, Colombo-11, with new registered office address at No.208, Main Street, 4th Floor, Colombo-11. The petitioner company has come into existence in the year 2009 and is doing the business of textiles, fabrics, readymade garments. The petitioner states that the company has earned a lot of reputation all throughout the country, the company has entered into commercial transaction with various companies and had never entered into any default and the company believes into maintaining relations.

2.1 The petitioner states that his company has placed some orders from the company i.e. M/s. Oswal Overseas in the end of 2013 and all the transactions with regard to the said transactions were carried out between the company of the petitioner and M/s. Oswal Overseas. During this period the petitioner states that his company has received the goods and had also paid relevant customs duties and taxes at the Customs Department (Customs Duty, Sri Lanka Port Authority Charges (SLPA Charges) AE Charges + D.O. Charges + Yard Rent Charges + Transport Charges + Clearing Agencies Charges) at the Customs Department at Sri Lanka alongwith the invoices sent by M/s. Oswal Overseas. However, on receipt of such invoices, the petitioner company had made part payment to the said company and it is stated that the invoices raised by M/s. Oswal Overseas were amounting to No. 01. US$20020.05, Invoice No.00 Exp/20 dated 06.12.2013 (2013/2014), No. 02. US$16418.05 Invoice No. 00/Exp/23/24/27 dated 03.01.2014 (2013/2014), No 3.US$ 20763.95 Invoice No.00/Exp/12/13/14 dated 10.03.2014 for the period of 2013-14.

2.2 The petitioner submitted that his company came to know that M/s. Oswal Overseas was sending goods with the overprices invoices, therefore, the petitioner was constrained to confront the same with the said company. It is stated by the petitioner that M/s. Oswal Overseas had over-invoiced by US$ 76753.34 against the Invoice amount US$ 16418, Invoice No.00/Exp/23/24/27 dated 03.01.2014 (2013/2014). It is stated by the petitioner that during the said period, it came to the knowledge of the petitioner that the respondent No.2-complainant had preferred a false complaint on 21.05.2016 through the Hon’ble Minister of External Affairs, Overseas Indian Affairs, against the petitioner-company. The said complaint was sent through Indian Embassy at Sri Lanka, therefore he was called upon to give the explanation, he appeared before Indian Embassy alongwith all the relevant documents and pointed out that he does not know the complainant and further pointed out that he is transacting with M/s. Oswal Overseas and had also made part payment to the said company.

2.3 It is further stated by the petitioner that he had given a response in writing vide letter dated 18.08.2016 addressed to Secretary, Indian High Commission, and therefore, in this background, the petitioner states that when the complainant has failed to harm the reputation of the petitioner by putting false claims before Indian Embassy, he had filed impugned FIR on 03.01.2017 after a gross and unexplained delay of 3 years. It is further stated by the petitioner that he had no privity of contract with the respondent No.2 and therefore the respondent No.2 cannot make any claim against his company by making false complaint.

3. The complainant – Respondent No.2 Manishbhai Rajeshwarprasad Gupta inter alia in his FIR says that he was running a Shop No.1221 as Urvashi Silk Mills at Surat Textile Market, Salabatpura, Ring Road, Surat, si