(1.) Rule. Rule made returnable forthwith and with the consent of the counsels for the parties, heard finally.
(2.) This petition under section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution of India is preferred to quash the First Information No. 436 of 2021 dated 8th June, 2021 registered with Byculla police station for the offences punishable under sections 406 and 420 of Indian Penal Code, 1860 (Penal Code) at the instance of respondent No. 2- First Informant.
(3.) The gravamen of indictment against the petitioner is that the petitioner had induced the respondent No. 2 to part with a sum of Rs. 28,50,000/- by making a false representation that the petitioner would sale fats in a SRA scheme to the respondent No. 2 at a discounted price. The petitioner neither transferred the said fats nor repaid the amount which was paid to the petitioner.