JESUWIN CHERIAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties.

(2.) The Petitioners have filed this Writ Petition for the following relief:-

(3.) It appears from the perusal of the contents of the impugned FIR that dispute between the parties arose on account of commercial transaction for a deal of 50 lakhs 3 ply surgical masks. It is alleged by Respondent No.2 who lodged the impugned FIR on behalf of Respondent No.3 that Petitioner No.3 - M/s. Flagship Biotech International Pvt. Ltd. agreed to supply 50 lakhs masks at mutually agreed price and payment terms to Respondent No.3 - Mana Pharma. Accordingly Respondent No.3 confirmed the purchase order with Petitioner No.3 for a total consideration of Rs.9.00 Lkahs euros for 50 lakhs masks. It is alleged that Respondent No.3 made advance payment of 7,80,000 euros to Petitioner No.3. It is also alleged that it was expected from Petitioner No.3 to supply the masks to Respondent No.3 within 10 days of the said payment. However, the said first instalment of the masks did not reach to Respondent No.3. Respondent No.3 therefore made enquiry and persuaded the matter with Petitioner No.3, but there was no response from Petitioner No.3. It is the allegation of the Respondent No.3, though the Petitioner No.3 had sufficient stock with them, they did not supply the masks to Respondent No.3. Thereafter Respondent No.3 demanded the money back from Petitioner No.3 which was deposited by Respondent No.3 in the account of Petitioner No.3. However, Petitioner No.3 did not refund the money. Therefore the Respondent No.2 being the representative of Respondent No.3 lodge the F.I.R. bearing No.0421/2020 registered with Turbhe MIDC Police Station, Navi Mumbai on 11/12/2020 under Ss. 420, 406 and 34 of the Penal Code against the Petitioners.