The truth or falsity of the allegations in the complaint should not be determined at the earliest stage.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Ravi Prakash Mishra, learned counsel for the petitioners, Mr. P.D. Agrawal, learned counsel for the State and Mr. Indrajit Sinha assisted by Mr. Rahul Dev and Mr. Bhaskar Trivedi, learned counsel for opposite party no. 2.

2. This petition has been filed for quashing the FIR in connection with Sitaramdera P.S. Case No. 58/2021 registered under Section 406/420/467/471/120B of the Indian Penal Code, pending in the court of the learned Judicial Magistrate, 1st Class, Jamshedpur.

3. The complaint was filed by opposite party no. 2 alleging therein that opposite party no. 2 has been carrying on business in the line of transportation under the name and style of Surya Logistic being its proprietoress. It was further alleged that sometime in or about the month of April, 2008 the accused nos. 2 to 4 had been to the office of opposite party no. 2 and represented that they are the directors of Jamshedpur Mineral Wool Manufacturing Company Private Limited i.e. accused no. 1 and they used to manage the day to day business affairs of the said company and are responsible for the day to day business affairs of the aforesaid company. It was also alleged that accused nos. 2 to 4 also disclosed that they are amongst the few company having huge demand of their products in market and the company has got impeachable reputation in the business circle and any person or concern will associate with them will derive profit by doing such assigned work with them and they further assured that they will give good profitable business to opposite party no. 2 in future if opposite party no. 2 will associate with the petitioners. It was further alleged in complaint that the petitioners were in a need of a transporter who will transport their products like LRB and Pipe section to different destinations within India and if opposite party no. 2 will transport those materials then opposite party no. 2 will be benefited as accused persons making payment of transportation charge within period of 90 days from the date of delivery of articles at their destination. It was also alleged that accordingly on believing such assurances of the petitioners, opposite party no. 2 in good faith time to time as per direction of the petitioners transported various products of accused persons to different destinations as ordered by the petitioners. It was further alleged that the petitioners have made payment of Rs. 2,73,950/- only out of Rs. 41,17,001/- and keeping balance of Rs. 38,43,051/-. It was also alleged that in spite of repeated request follow ups and demand made by opposite party no. 2 regarding payment of aforesaid balance of sum of Rs. 38,43,051/- the petitioners have started to avoid in making payment of the aforesaid sum on some or other pretext. It was further alleged that opposite party no. 2 served legal notice dated 05.11.2020 upon all the accused persons demanding payment of aforesaid outstanding amount of Rs. 38,43,051/- within 15 days from the date of receipt of the legal notice, though upon receipt of the said legal notice, the petitioners contacted opposite party no. 2 in first week of December, 2020 and had assured to pay the aforesaid sum of Rs. 38,43,051/- before 31.01.2021, but failed to do so as per their assurance. It was further alleged that opposite party no. 2 has reason to believe that the petitioners in collusion and in connivance with each other with oblique motive to cheat opposite party no. 2 by giving false assurance regarding payment within 90 days, had succeeded to induce the opposite party no. 2 to transport their products to various destination without making due payment of transportation. On these backgrounds, the complaint case has been instituted by opposite party no. 2 against the petitioners. The complaint case was sent back by the learned court to the police under Section 156(3) Cr.P.C. for registering the FIR and conducting the investigation.

4. Learned counsel for the petitioners submits that