AVNTERPREET SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Application has been filed, initially for quashing the the First Information Report (for short "the FIR") vide Crime No. 160 of 2022, registered with M.I.D.C. Police Station, Ahmednagar on 12/3/2022, for the offence punishable under Ss. 420 , 468 , 471 of the Indian Penal Code and later on, by way of amendment, for quashing the Charge-sheet No.297 of 2022, pending before the Chief Judicial Magistrate, Ahmednagar, District-Ahmednagar and further proceedings arising out of the same.

(2.) Learned Advocate appearing for the applicant has taken us through the entire charge-sheet including the FIR. He submits that there was a contract between the applicant and respondent No.2 in respect of supply of N-95 masks as it was Covid period and the contract was entered into in June 2020. The informant appears to have filed Criminal Miscellaneous Application No.112 of 2021 before the learned Judicial Magistrate First Class, Newasa, District-Ahmednagar, under Sec. 156(3) of the Code of Criminal Procedure for investigation. Thereafter the FIR has been lodged. Even if we consider the contents of the Criminal Miscellaneous Application and the verification that was recorded before the learned Judicial Magistrate First Class on 21 st June 2021, it can be seen that the informant was alleging that there was a breach of contract as the goods those were ordered, were not supplied. In the FIR also it has been stated that assurance was given by the applicant that he would supply the order of the masks and it has been stated that it was promised that it would be made available immediately. He had ordered 12,00,000 masks. The agreement was entered into online. However, for trial basis the order was for 1,00,000 masks. The amount for the said 1,00,000 masks was Rs.1,53,61,500.00. The informant gave the half of the amount i.e. Rs.76,80,750.00 by N.E.F.T. to the applicant. It was given in writing by the applicant that the goods would be supplied within ten days. However, after a months time also when the order was not supplied, it is the statement in the FIR that the informant had asked the applicant and the applicant told that the order is now in process and informant should wait. Informant states that he again waited for a month and thereafter informant received an amount of Rs.22,85,000.00 on his account on 6/7/2020. The informant then asked the applicant as to why he returned the amount. The applicant told him that the said order was placed with the company in Malaysia and he has given Rs.54,00,000.00 to the Malaysian Company, however, the Malaysian Company has not fulfilled the order and therefore, the remaining amount has been sent back to the informant. When the informant asked, as to whether there is any receipt from the Malaysian Company, in response to the same the applicant shared with him the money transfer receipt and the bill. According to the informant, the said money transfer receipt is forged and the informant told that the applicant has cheated him and at that time the applicant told him that he may do whatever he wants.

(3.) It is submitted that during the course of investigation, various documents have been seized, especially the complaint application given to the Economic Offence Wing, Nagpur. It also states that the amount has not been refunded to him. The documents those have been collected from the Yes Bank would show that the amount was transferred. Now the applicant is fighting with the Malaysian Company in the International Court for the refund of the amount. There was no intention on the part of the applicant to cheat the informant. The transaction is purely of civil nature. Learned Advocate appearing for the applicant submits that though the Criminal Miscellaneous Application No.112 of 2021 was filed for taking action under Sec. 156(3) of the Code of Criminal Procedure, but there was no order that was passed in the said matter. By the pursis dated 3 rd October 2022, it was informed by the informant that he has no desire to proceed with the matter and thereupon the said application came to be disposed of as withdrawn by order dated 12 th November 2022. Thus, there is total suppression of facts in the FIR.