Mr. Sagnik Sankar Sikdar …..For the State Affidavit of service filed in Court today be taken on record.

Learned counsel appearing on behalf of the petitioners as well as for the State are present.

Learned counsel appearing on behalf of the petitioners has submitted that First Information Report lodged in this case clearly discloses that as per the agreement, payment was made by the opposite party no.2 and the ordered articles were sent to opposite party no.2. The only allegation in the First Information Report is that after fitting of the ordered articles, the opposite party no.2 found that the items delivered were not of that quality of samples, which were shown at the time of contract.

Learned counsel appearing on behalf of the petitioners has vehemently contended that this is not an offence within the meaning of Section 420 in absence of any allegation of initial deception.

In support of his contention, learned counsel appearing on behalf of the petitioners has relied on a case of Dalip Kaur & Ors. Vs. Jagnar Singh & Anr. reported in 2009 SCC (14) 696, wherein the Hon’ble Apex Court handed down the principle particularly in paragraph 10, which reads as follows:-

“10. The High Court