Judgment

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1. This Criminal Misc. Petition under Section 482 Cr.P.C. (Now Section 528 of BNSS) has been preferred on behalf of the accused petitioners with the prayer to quash the FIR No.545/2022, registered at Police Station Kotwali Nagaur, District Nagaur for offences punishable under Sections 420 & 406 of IPC and all consequential proceedings arising out of it.

2. The brief facts in a nutshell are that the complainant– respondent No.2 submitted a written report to the SHO, Police Station Kotwali, Nagaur, inter alia alleging therein that he is the proprietor of M/s Hariram Babulal Devra, Nagaur, which is engaged in the business of sale and purchase of grains. One Ramlal, who is well known to the complainant, is also engaged in the same business, and he used to purchase grains from the complainant's firm as well as other firms situated in Krishi Mandi, Nagaur. It is alleged in the complaint that on 18.06.2022, the said Ramlal, with a fraudulent intention to misappropriate the goods of the complainant, hatched a criminal conspiracy and came to the complainant's firm along with one Imran Khan, who is a resident of Greater Noida (U.P.). Ramlal represented the said Imran Khan as a prominent businessman engaged in the grain trading business. The said Ramlal, by inducing the complainant with the promise of financial gain, persuaded him to enter into business with the said Imran Khan. Imran Khan told the complainant that Anirudh Yadav and Akhilesh Agrawal were his business partners and that the GST registration stood in the name of Akhilesh Agrawal. Relying upon these representations, the complainant agreed to enter into business with Imran Khan and his associates. At that time, Bhinvraj Solanki, Nemaam, and Paras were also present. It is further alleged that, pursuant to the order placed, the complainant supplied 12,800 kgs of mustard packed in 256 bags to Imran Khan and his associates. Ramlal assured payment of the invoice amount of Rs.9,25,835.63/- upon unloading of the said goods. However, despite such assurance, he failed to make the payment. The complainant repeatedly requested Ramlal to release the payment, but he continued to evade the same on one pretext or another. It is further alleged that on 03.08.2022, Ramlal took the complainant to Noida, where he met Akhilesh Agrawal, who confirmed receipt of the goods and again assured payment through RTGS. Thereafter, the accused persons continued to extend false assurances of payment and ultimately refused to discharge the liability. It is further alleged that the accused persons, in furtherance of the criminal conspiracy and with fraudulent intent to cause wrongful loss to the complainant, placed the order for the supply of goods and thereafter unloaded the same at another firm, namely M/s Murli Trading Company, whose partners are Satish Kumar, Pradeep Kumar, and Pawan Kumar (the present petitioners). It is, thus, alleged that the accused persons, including the present petitioners, dishonestly induced the complainant and thereby committed offences relating to cheating and criminal breach of trust.

3. On the basis of the said written report, Police registered the impugned FIR No.545/2022 for offences punishable under Sections 406 and 420 of the IPC against the petitioners and other accused persons and started investigation.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case with ulterior motive. Counsel contends that the impugned FIR is based upon false and fabricated facts. He submits that essentially, there is a civil dispute between the parties arising out of business transactions. However, in order to create pressure and take undue advantage in such dispute, the complainant-responde