Ajit Borthakur, J.

1. Heard Mr. K. Tama, learned counsel for the petitioners and Mr. T. Pertin, learned counsel for the private respondent No. 1. Also heard Mr. K. Tado, learned Public Prosecutor, State of Arunachal Pradesh-respondent No. 2. This is a petition under Section 482 Cr.P.C., praying for setting aside and quashing of the FIR, dated 27.01.2013, filed by the respondent No. 1 against the petitioners, whereupon Itanagar P.S. Case No. 24/2013 under Section 420/34 IPC was registered.

2. The petitioners' case, in brief, is that the respondent No. 1 lodged an FIR, on 27.01.2013, before the Officer-in-Charge, Itanagar P.S. alleging, inter alia, commission of the offence of cheating by them, who were partners in execution of contractual work by refusing to pay the share due to the informant-respondent No. 1 herein out of the bill amount drawn. The said FIR was registered as Itanagar P.S. Case No. 24/2013 under Section 420/34 IPC and took up the investigation.

3. The petitioners have contended that even if the FIR is taken at its face value and accepted in entirety, it does not prima facie constitute a cognizable offence, justifying an investigation by Police under Section 1