The petitioners/accused 1, 2, 4, 5, 7, 8 and 9 are before this

Court calling in question registration of a crime in Crime No.35 of

2020 for offences punishable under Sections 406, 420, 120B and 34

of the IPC.

2. Brief facts that lead the petitioners to this Court in the

subject petition, as borne out from the pleadings, are as follows:-

The 2^nd respondent is the complainant and proprietor of SRS

Travels. The 1^st petitioner is Scania Commercial Vehicles India

Private Limited (8Company9 for short) and other petitioners are

either Managing Director, Director or office bearers of the 1^st

petitioner/Company. The 2^nd respondent is a transport operator

operating fleet of buses. The 1^st petitioner deals with sales of buses.

5

In the year 2013 the 1^st petitioner and the complainant entered into

certain transaction with regard to sale and purchase of buses. The

purchase of buses was financed by Volkswagen Finance Private

Limited (hereinafter referred to as 8the Financier9 for short). The

complainant purchased buses from the 1^st petitioner throughout the

period between 2013 and 2018. The complainant appears to have

defaulted in payment of installments to the Financier. This led the

Financier to initiate proceedings before the Arbitrator and then

seeks possession of vehicles before the competent Court at Delhi.

These orders come about on 02-11-2019.

3. After the Financier seized all the vehicles which were

financed, a complaint comes to be registered before the

jurisdictional Police by the complainant on 05-04-2020 alleging

that due to acts of the 1^st petitioner/Company in supplying vehicles

that were defective, the complainant has suffered losses, due to

which, the complainant was unable to clear dues to the Financier

and, therefore, the petitioners were all guilty of criminal breach of

trust and cheating. The complaint results in registration of a crime

6

in Crime No.35 of 2020. On registration of the crime, the

petitioners knocked the doors of this Court in the subject petition.

4. This Court, having entertained the petition, grants an

interim order of stay and admits the matter to be heard finally.

During the pendency of the petition, the original complainant dies.

The daughter of the complainant seeks to come on record, which

was objected to by the petitioners contending that the cause has

died as it was a case where even before the Police could file a

charge sheet, the complainant had died. This Court by its order

dated 03-09-2022 declined to accept such submission and

permitted the daughter of the complainant to come on record and

step into the shoes of the original complainant. It is then the

daughter

of

the

complainant

is

representing

the

original

complainant as his legal representative.

5. Heard Sri C.V.Nagesh, learned senior counsel appearing for

the

petitioners,

Smt.

K.P.

Yashodha,

learned

High

Court

Government Pleader appearing for respondent No.1 and Sri

7

Sandesh J. Chouta, learned senior counsel appearing for respondent

No.2.

6. The learned senior counsel representing the petitioners

would vehemently contend that a purely commercial transaction

between the original complainant and the 1^st petitioner/Company is

sought to be given a colour of crime; The reason for registering the

crime is that the original complainant became a chronic defaulter

for not paying any amount to the Financier and buses that were

sent for repair had to be kept in the workshop as the complainant

failed to pay event charges for repairs; After becoming such chronic

defaulter, becoming disgruntled he seeks to register a crime on

05-04-2020 alleging that the 1^st petitioner had delivered buses

which were defective and could not be used, notwithstanding the

fact that every bus delivered, after using them for close to one lakh

to two lakh kms., the complainant has come up with the allegation

that they were defective; it was a case of pure wear and tear and

rough use of buses that led to certain repairs; having failed to make

good payment fo