Hon'ble CHAUHAN, J.—The petitioners have prayed for quashing of the F.I.R., namely F.I.R. No.597/2010, registered at Police Station, Gandhi Nagar, Jaipur City (East), Jaipur, for offences under Sections 384, 420, 406, 500, 504, 506/120-B I.P.C. read with Section 3 (1) & 3 (x) of the SC/ST (Prevention of Atrocities) Act, 1985.

2. The brief facts of the case are that the petitioner Nos.1 and 2, namely Umesh Zadgaonkar and Smt. Alka Zadgaonkar (husband and wife) claimed that they have invented a technology which could produce fuel from plastic waste. They had constituted a company in the name & style of M/s. Unique Waste Plastic Management and Research Company Private Limited. Since, the technology was a unique one, it was given wide publicity. Mr. Madan Dilawar was interested in having the technology transferred and established at Kota. For this purposes, he visited Nagpur, time and again, and held discussions with the petitioners. Thereafter, Mr. Madan Dilawar along with one Mr. Deepk, and Pawan Dilawar (the complainant in this case), constituted a company in the name & style of M/s. Jaipur Waste Management Company Private Limited. Subsequently, M/s. Jaipur Waste Management Company Private Limited entered into a MOU with M/s. Unique Waste Plastic Management and Research Company Private Limited. According to the MOU, the technology and the machinery used for extracting fuel from plastic waste was to be transferred to Kota. Henceforth, a factory would be established at Kota. For this purpose, the petitioners were to receive Rs.700,00,000/- from the complainant and his company.

3. It is the case of the petitioners that the entire amount was never given to them. However, they do admit that on 08.04.2006, they were paid Rs.6,00,000/- and Rs.9,00,000/-, and on 24.08.2006 they were paid Rs.1.25 crores. Thus, they were paid a total amount of Rs.1.40 croes. But subsequently, the entire contract fell apart. Hence, Mr. Pawan Dilawar lodged a criminal complaint. The said complaint was sent to the Police Station, Mahaveer Nagar, Kota. The Police registered a formal F.I.R., namely F.I.R. No.597/2010 for offences under Sections 384, 420, 406, 500, 504, 506 read with Section 120-B I.P.C., and read with Section 3 (1) 3(x) of the SC/St (Prevention of Atrocities) Act.

4. Initially, after the investigation, the Police submitted a negative Final Report before the Court. However, on the request of the complainant, the said negative Final Report was returned and further investigation was ordered. Thus, a negative Final Report was sent to S.P. Jaipur (East), Jaipur who, in turn, forwarded the same to Police Station, Gandhi Nagar, Jaipur (East), Jaipur. The case was re-registered, as F.I.R., namely F.I.R. No.597/2010, for offences under Sections 384, 420, 406, 500, 504, 506 read with Section 120-B I.P.C., and further read with Section 3 (1) 3 (x) of the SC/St (Prevention of Atrocities) Act. The petitioners have, thus, come before this Court for quashing of the F.I.R.

5. Mr. M.R. Singhvi, the learned Senior Counsel appearing on behalf of the petitioners, has vehemently raised the following contentions before this Court: firstly, the entire case revolves around a breach of contract entered between two companies. Thus, the entire case is of civil nature. According to him, this was the very conclusion drawn by the Police at the initial stage. However, the case has been given a criminal colour by the complainant.

Secondly, by declaration and solemn affirmation dated 06.09.2010 (Anx.-12), and by solemn affirmation dated 08.09.2010 (Anx.-13), the complainant himself had declared that he is accepting two cheques -- one cheque of Rs.50,00,000/-, and another cheque of Rs.70,00,000/- as full and final payment. In the complaint, he claimed that he had received Rs.50,00,000/- through e-banking, and Rs.70,00,000/- through a cheque, namely cheque No.033873 dated 07.09.2010. Thus, the entire financial dispute between the tw