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2022 Supreme(Raj) 2339

BIRENDRA KUMAR
Pawan Kumar Jain – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Ms. Suruchi Kasliwal, Advocate, with Mr. Vikram Singh, Advocate, for the Appellant
Mr. Prashant Sharma, PP, Mr. Pradeep Kumar Choudhary, Advocate, Mr. Karan Avdichya, Advocate, Ms. Saloni Dagur, Advocate, for the Respondent.

JUDGMENT

1. The petitioners have sought for quashing of FIR No. 0021/2022 registered at Kaladera Police Station, District Jaipur (Rural) for offences under Section 420, 406 and 120B IPC on the information of respondent No.2.

2. The challenge is on the ground that no ingredients of offences alleged are made out and a pure civil dispute is being given the cloak of a criminal case just to put undue pressure.

3. Undisputed facts of this case are that the petitioners are Directors of M/s. Kotsons Private Limited, Alwar whereas the respondent company is engaged in business of manufacturing and sale of transformers. The petitioners had approached to the complainant, the Managing Director of respondent Company, and the parties agreed that respondent company would supply transformers to the petitioners' company and after sale of the transformers to different customers, the petitioners company would make payment of the purchased transformers within a period of 30 days. The parties were smoothly engaged in the dealing since more than 30 years.

4. Allegation in the FIR is that initially payments were made by the petitioner company on time, however gradually, the petitioners company started makin

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