2025:CGHC:21273-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CrMP No. 402 of 2022 Dr. K.V.K. Rao S/o Late K. Venkaiah Aged About 61 Years presently R/o Plot No. 100, High Court Colony, Street No. 5, Vanasthalipuram, Hayath Nagar, PS Vanasthalipuram, Tehsil and District Ranga Reddi, Telangana State 500070 ... Petitioner versus

1 - State of Chhattisgarh Through Superintendent of Police Raipur, District Raipur Chhattisgarh.

2 - Station House Officer P. S. Pandit Deen Dayal Upadhyay Nagar, (D D Nagar), District Raipur Chhattisgarh.

3 - Anil Kumar Goyal S/o Satyanarayan Goyal, Aged About 55 Years R/o 76, Daldal Seoni, Mowa, Ram Manohar Lohiya Nagar, Near R.C.M.

Godown, Pandari, Raipur, Chhattisgarh. 492001 ... Respondents For Petitioner : Mr. Amit Buxy, Advocate For Respondents Mr. Shaleen Singh Baghel, Dy. Govt. Advocate No.1 & 2/State :

For Respondent : Mr. Navin Shukla, Advocate No.3 Digitally signed by VASANT VASANTKUMAR KUMAR D 20a 2te 5: .05.13 +0530 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

08/05/2025

1. Heard Mr. Amit Buxy, learned counsel for the petitioner. Also heard Mr. Shaleen Singh Baghel, Dy. Govt. Advocate for the State and Mr. Navin Shukla, learned counsel appearing for respondent No.3 .

2. The present petition has been filed by the petitioner with the following relief(s):

“(i) That, this Hon'ble Court may kindly be pleased to call for the entire records for its kind perusal.

(ii) That, this Hon'ble Court may kindly be pleased to quash FIR no. 0187/2019 dated 30/05/2019 registered at PS Deendayal Nagar (DD Nagar), Raipur and all the consequential proceedings against the petitioner.

(iii) Any other relief, as this Hon'ble Court may deem fit and proper may also be granted.”

3. Brief facts of the case are that a written complaint was filed by Anil Kumar Goyal- respondent No.3, before the respondent no. 2, in which it was stated that his firm M/s. R.K. Engineering had entered into an agreement with the petitioner, proprietor of M/s. Kedhari Traders for selling and purchasing of scrap material of power plant equipment on "as is where is basis" on 14/08/2018. The complaint stated that the petitioner in lieu of the said agreement took an amount of INR 7.5 crores and has only allowed the complainant to lift material worth an amount of 1.89 crores, thereafter, the petitioner has suddenly stopped providing the material, the complainant also alleged that the petitioner demanded for more money and upon asking for refund the petitioner denied of the same, thereby committing an offence under Sections 406 and 420 IPC.

4. A contractual agreement was entered into between the Firms of the present petitioner and the complainant on 14/08/2018 for selling and purchasing of Power Plant Equipment. In furtherance thereof, the complainant made defaulted payments violating the terms of payment of the agreement as per clause 6.

5. The acts of omission and commission leading to the breach of contract on the part of the purchaser. As the purchaser (complainant along with his two other partners) was obligated to make the payment of Rs. 10 crores by 15.09.2018 and another Rs.5 crores by 15.10.2018, as per the agreed payment schedules and could pay only Rs.7.5 crores, resulting in default of two subsequent installments. As time bound scheduled payment being the essence of the sale cum purchase agreement, the purchaser has committed default in payment.

6. The total value of the agreement amounted INR 30 Crores and the payment was to be made by the complainant to the petitioner in a scheduled manner as per Clause 6 of the agreement Le. Payment Terms. That from the first instance the complainant and its firm made multiple defaults in payment of amount as agreed between the parties in the agreement. An amount of 7.5 crores was paid in installments however in default against the agreed terms. The petitioner allowed the complainant to lift the property as per the agreed terms of the