JUDGMENT :

(Sameer Jain, J.)

1. Both the Applications U/S 482 Cr.P.C. No. 2229 of 2022 and 4627 of 2022 are connected matters and in both the applications cognizance order dated 05.11.2020 as well as entire proceedings of Case No. 1327 of 2020 pending in the Court of ACJM, Court No.1, Mathura arising out of Case Crime No. 648 of 2019, under Section 409, 420 IPC, Police Station Kotwali, District Mathura have been challenged, therefore, both the applications are being decided by the common order.

2. Learned AGA does not propose to file any counter affidavit. However, pleadings between applicants and opposite party no.2 (informant) have been exchanged.

3. Heard Sri Dhirendra Kumar Srivastava and Sri Hari Krishna Singh, learned counsels for the applicants, Sri Amarnath Tripathi, Sri Bhanu Prakash Verma and Sri Shashi Kant Shukla, learned counsels for opposite party no.2 and Dr. S.B.Maurya, learned AGA-I, for the State.

4. The instant applications under Section 482 Cr.P.C. have been filed by the applicants with a prayer to quash the cognizance order dated 05.11.2022 as well as entire proceeding of Case No. 1327 of 2020 pending in the Court of ACJM, Court No.1, Mathura arising out of Case Crime No. 648 of 2019, under Sections 409, 420 IPC, Police Station Kotwali, District Mathura.

Factual Matrix

5. Opposite party no.2 lodged FIR against applicants under Sections 409, 420 IPC on 31.08.2019 at Case Crime No. 648 of 2019 at Police Station Kotwali, District Mathura and as per allegation made in the FIR, informant/opposite party no.2 made a Golden Chatra on the order of the applicants weighing about 3.352 Kilogram and 420 miligram valuing about 1,31,36,289/-and handed over the same to the applicants on 06.04.2018 and applicants promised him that within a week they will make the payment and on 09.05.2018 applicants donated the Golden Chatra at Badrinath Dham and when more than a month passed then informant demanded his money but applicants stated that within 2-4 months they will make the payment but they did not make the payment and thereafter they refused to make any payment. According to the FIR, applicants were having intention to cheat informant since beginning and thus they committed fraud.

6. After registration of the FIR, investigation was conducted and during investigation Investigating Officer recorded the statement of opposite party no.2, the informant and he reiterated the version of the FIR. During investigation, Investigating Officer also recorded the statements of some independent witnesses and they stated that applicants did some interior work of the house of the informant and estimate of the renovation was rupees 9.5 Crore but informant i.e. opposite party no.2 paid only Rs. 1.2 Crore and due to this reason some dispute arose between applicants and informant and applicants also filed a civil suit in this regard against informant before Civil Judge (Junior Division), Ludhiana vide Case No. 7461 of 2019 and only due to this reason informant lodged FIR of the present case against the applicants after cooking up false and fabricated story and in fact informant did not want to pay the remaining amount to the applicants. These independent witnesses also stated that after the alleged date of handing over the Golden Chatra to the applicants, informant deposited Rs. 10 Lakhs in the account of the firm of the applicants. After investigation on 16.12.2019 Investigating Officer submitted final report in the present matter.

7. From the record, it reflects that during pendency of final report before the court concerned informant i.e. opposite party no.2 moved an application for further investigation before Inspector General of Police, Agra and on 06.01.2020, Inspector General of Police, Agra transferred the investigation from District Mathura to District Agra and directed the SSP, Agra to allot further investigation of the case to some competent police officer and on the direction issued by Inspector General, Agra further investigation