JUDGMENT :

1. This application under Section 482 of the Code of Criminal Procedure is preferred by the petitioner, Shri. Manish Agarwal for quashing the FIR dated 26.10.2019, registered as South Police Station, Kohima, being South Police Station, Kohima, Case No. 38/2019, under Section 420/120B of IPC.

2. It is to be mentioned here that the aforementioned FIR has been lodged by three complainant namely Shri, K. Thotso, Kikhwwsul Sachu and Zulu Ao on 30.01.2019 to the effect that they have participated in a tender process in the name of a firm, Srinath Builders & Housing Company (Private) Limited in 2016, for the construction of College of Veterinary Science & Animal Husbandry at Jalukie, Peren District. In that connection they had transferred a sum of Rs. 30,00,000/- (Rupees Thirty Lakhs) in the account of Manish Agarwal, who is the proprietor of Shrinath Builders & Housing Company (Private) Limited as earnest money of the said tender process on 20.10.2016. But, unfortunately, the work was not allotted to them and the proprietor of Shrinath Builders & Housing Company (Private) Limited, Shri. Manish Agarwal had withdrawn the earnest money deposited by them and failed to return the s