ORDER :

1. The petitioners herein have preferred the instant petition under Section 482 Cr.P.C. with a prayer to quash the FIR No.120/2021 registered at the Police Station Jhanwar, Jodhpur City (West) for the offences punishable under Sections 420, 406 & 120B of the IPC.

2. Briefly stated the facts relevant and essential for disposal of the misc. petition are noted hereinbelow:-

3. The respondent No.2 Nirmit Shringi lodged a complaint which was forwarded to the police under Section 156(3) Cr.P.C. whereupon, the above-mentioned FIR came to be registered at the Police Station Jhanwar, Jodhpur City (West). It was inter alia alleged in the complaint that the complainant owned a vacant chunk of land in the Village Barod, Tehsil Digod, District Kota near the Bus Stand. The complainant suggested to his father that he should install a water filtration plant on the said land as it would give good return because the water level/table in the area was very high. The complainant’s father searched the online marketing site India Mart for a supplier of machinery and equipments on which, the accused Vinod Bhati and his son Sachin Bhati, proprietor of Rajshri Enterprises, contacted the complainant at his office, located at Jhanwar. After initial discussion, it was decided to visit the site at the Village Barod. After the site had been seen, Vinod Bhati and Sachin Bhati came back to the Jhanwar office of the complainant and informed him that they had another partner named Prafful Jain who was settled in Delhi and had good knowledge of marketing. The complainant was assured that he would be provided good contacts for procuring the machinery to set up the plant. The complainant was taken to Delhi and a meeting was arranged with Prafful Jain who told the complainant that he would secure a franchise of a company like Bisleri for him. The complainant was asked to sign a purchase order and to forward the same through email. Prafful Jain assured that he would ensure that a franchise agreement of Bisleri Company would be awarded to the complainant for the areas of Jodhpur, Udaipur and Pali. The accused demanded a sum of Rs.15,00,000/- (Rupees Fifteen lacs) so that the franchise agreement could be secured. Accordingly, the complainant’s father procured a personal loan and deposited a sum of Rs.15,00,000/- in the account of Shri Prafful Jain through RTGS between 26.09.2014 to 09.10.2014. The accused assured that they would send the machines shortly thereafter. However, the franchise agreement was not forthcoming for many months on which, the complainant approached the accused but they did not give any satisfactory reply whereupon, the complainant contacted Shri Garg, a Director in the Bisleri Company and he was shocked to find out that Shri Prafful Jain had cheated many people by giving them the fraudulent allurement of getting franchise agreement for Bisleri company. The complainant thereupon approached Shri Vinod Bhatia and Sachin Bhatia who in turn, arranged a meeting with Prafful Jain. During the course of these discussion, Shri Prafful Jain gave two cheques of Rs.5,00,000/- each to the complainant which were dishonoured upon presentation in the Bank. Thereafter, Vinod and Sachin stole these cheques. The complainant realized this fact after a while on which, he met these two persons who gave an assurance to the complainant that he should not worry and asked them to purchase machinery and equipment from them in which the liability of Shri Prafful Jain would be adjusted. They duped the complainant into returning the two cheques given by Prafful Jain and asked him to buy machinery and equipment, offering to adjust the amount of Rs.10,00,000/- (due to be paid by Prafful Jain) in this transaction. The rate of the machinery was settled at sixty-five lac rupees. The complainant was made to part with a sum of Rs.,55,00,000/- (Fifty-five lac rupees) with the adjustment of Rs.10,00,000/- (Ten lac rupees) in the above terms. The complainant took loan and procured