JUDGMENT :

Sanjay Dhar, J.-Petitioners, in this petition, have challenged FIR No.40/2018 for offences under Sections 409, 420, 506 read with Section 34 RPC registered with Police Post, Imam Sahib, Shopian.

2. Before coming to the grounds of challenge urged in the petition, it would be apt to refer to the contents of the impugned FIR.

3. Complainant-respondent No.2 has alleged in the impugned FIR that the petitioners, who happen to be the proprietors and partners of two business firms, namely, M/S Apachi Professional Services and M/S Himachal Fruit Company, approached the complainant in September, 2017, for doing transaction of purchase of apple fruit from him. It is alleged that the petitioners represented themselves to be honest businessmen and relying upon these representations, the complainant after purchasing fruit from apple growers, supplied the fruit costing an amount of Rs.2,52,80555/- to the petitioners. It is further averred in the FIR that during the continuance of the transaction, the petitioners made periodic payments to the tune of Rs.1.00 crore to the complainant as part consideration for the apple fruit supplied by him to the petitioners. It was promised by the peti