Filing an FIR for non-payment in a commercial transaction does not inherently constitute criminal offences such as cheating or breach of trust; such disputes are civil in nature.

ORDER :

J.C. DOSHI, J.

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “ the Code”), the petitioner has prayed for quashing and setting aside the FIR No. C.R I-155 of 2016 lodged with Athwa Line Police Station for the offences punishable under Sections 406, 420, 467, 468, 471 and 114 of the Indian Penal Code and all consequential proceedings arising from the same FIR qua the petitioner herein.

1.1 Heard learned advocate Mr. Bhadrish S. Raju for the petitioner, learned advocate Mr. M.J Mehta for the private respondent and learned APP Mr. Chintan Dave for the respondent State.

1.2 Brief facts of the case are as under :

1.3 That the complainant is running an office located at 604/A Center Point Surat and maintains his family from the said business of trading, which the complainant runs in the name and style as M/s. Arora Sales Agency.

1.4 From the FIR it is shown that the complainant came in contact with one company Viz FERNAS Constructions India Pvt. Ltd. And since 2013 the complainant is doing business of steel trading with FERNAS.

1.5 That the complainant is doing business of fabrication at Plot NO. 2/69 SEZ area Dahej, wherein the complainant used to do fabrication work for FERNAS as per the terms and conditions agreed between the parties.

1.6 That FERNAS was having tie up with one OPAL Company and was doing job work of OPAL Company. Further it shows from the FIR that OPAL company has also guaranteed the complainant to pay the outstanding amount.

1.7 That on 6.3.2014, FERNAS sent on e-mail to the complainant regarding one purchase order worth Rs. 4,81,275/- and on 16.6.2014 second purchase order worth Rs.34,34,012/- was sent to the complainant. That total purchase order worth Rs. 39,15,287/- was sent by FERNAS to the complainant. That the complainant issued proforma invoice No.4 dated 21.7.2014 for Rs. 22,17,417/- confirming the purchase orders.

1.8 That FERNAS sent and L.C draft worth Rs. 22,70,417/- dated 25.7.2014 via e-mail as per the request of the complainant.

1.9. That before any confirmation regarding sending of the original L.C to BOI, complainant sent goods on 4.8.2014 against the proforma invoice No. 4 worth Rs. 22,70,417/- to FERNAS as per the purchase orders.

1.10 After giving information regarding L. C draft, FERNAS neither gave reply to any of the communications of the complainant nor did make any payment towards the goods received.

1.11 That the consideration in the form of money was not obtained in exchange of the goods given to FERNAS. It is further alleged that the complainant sent an e-mail on 6.8.2014 to one Mr. Anilkumar and Mr. Sanjay Prakash at FERNAS informing them that the company has given confirmation regarding the goods.

1.12 That the said Mr. Sanjay and Mr. Anilkumar replied to the email of the complainant on 09.08.2014, in which it was stated that as per the meeting held at the complainant's Dahej office on 04.08.2014 and as requested by FERNAS in the meeting, confirmation mail has been sent again.

1.13 That Mr. Sanjay Prakash has sent an email dated 11.08.2014 to the complainant informing that FERNAS has done the required procedure for L.C.

1.14 That the complainant after losing patience sent an e- mail dated 1.9.2014 to Mr.Rishi Kapoor, Mr. Abhai Nigam, Mr. Sanjay Prakash and Mr. Anil Kumar after 20 days of the last conversation with Mr. Sanjay Prakash. That the said e- mail was sent to inform that as per the last conversation dated 11.8.2014 no L.C is received by the comp