JUDGMENT :

1. This petition under section 482 of Criminal Procedure Code has been filed for quashing the FIR in Crime No. 98/2016 registered by Police Station University, District Gwalior registered for offence punishable under sections 420, 406, 506, 34 of Indian Penal Code.

2. The undisputed fact is that the applicant is one of the Director of M/s Valecha Engineering Ltd., Valecha Chambers, 4th Floor, New Link Road, Andheri (W), Mumbai, Maharashtra.

3. The necessary facts for the disposal of the present petition in short are that the complainant Ramnivas Sharma lodged a FIR against the applicant and four other persons on the allegation that the complainant is the partner of M/s Shri Ram Sharma Stone Crusher, Gwalior. The applicant and the other co-accused persons made a request to the complainant to supply Two Lac Metric Tone “crushed stone aggregate” at the work site of Four Lane Etawah-Mainpuri-Kurwali Road Project as Valecha Engineering Ltd. (hereinafter “V.E.L. in short) had got the contract for construction of Four Lane at Etawah-Mainpuri-Kurwali Road. Accordingly a purchase order dated 10-4-2014 was placed by V.E.L. through one Manoj Kumar Pandey, Project Manager, Valecha Engineering Ltd. The work order has been placed on record as Annexure P/1 along with this petition. It was further alleged that an agreement between M/s Shri Ram Sharma Stone Crusher and V.E.L. was executed at Gwalior on 10-4-2014 and 10-7-2014. It was mentioned that M/s Shri Ram Sharma Stone Crusher would supply the “crushed stone aggregate” at the construction site and the payments shall be made by cheque. Accordingly, Shri Ram Sharma Stone Crusher supplied the “crushed stone aggregate” to V.E.L. on its construction site and the cheques were given to the complainant. It was further alleged that those cheques were ultimately returned back by the Bank on the ground of “insufficient funds”. It was alleged that in between 30-4-2014 and 15-2-2015 total “crushed stone aggregate” worth Rs. 14,40,13,779/- was supplied and out of which a total amount of Rs. 6,47,84,000/- was outstanding for which the cheques were given which ultimately stood bounced on the ground of “insufficient funds”, as a result of which the complainant is on the verge of bankruptcy. It was further alleged that the applicant and other co-accused persons are deliberately not making payment of the outstanding amount as it was the intention of the applicant and other co-accused persons to cheat the complainant. It was further alleged that on 7-3-2016, the complainant from his mobile No. 9425111696 contacted the co-accused Dinesh Valecha on his mobile No. 8450925745 and again requested that his payments may be made but in reply the co-accused Dinesh Valecha started abusing the complainant and gave a threat that in case a demand is made for payment by the complainant then he would get him abducted and would kill him. Thus, it was alleged that the applicant and the other accused persons have cheated the complainant and inspite of supply of “crushed stone aggregate”, the applicant and other co-accused persons have not made the payment. On this complaint, the police registered the FIR for offence punishable under sections 420, 406, 506, 34 of Indian Penal Code.

4. Challenging the FIR lodged by the complainant, it is contended by the counsel for the applicant that the investigation is still in progress and no charge-sheet has been filed so far. It is further submitted that in the year 2012-2013, a contract was awarded to V.E.L. for construction of Four Way Lane Road from Etawah-Mainpuri Districts (U.P.). For the construction of road, the V.E.L. entered into an agreement with the respondent No. 5 for supply of “crushed stone aggregate”. Although the goods were supplied and part payments were made by V.E.L. but as cheques amounting to Rs. 6,47,84000/- stood bounced, therefore, the complainant has also filed a criminal complaint under section 138 of Negotiable Instruments Act against the applicant and c