PRAKASH CHANDRA OSTWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with the prayer for quashing FIR No. 450/2014 dated 17.10.2014 pertaining to Police Station Nathdwara, District Rajsamand.

(2.) LEARNED counsel for the petitioners has submitted that the petitioner No. 4 is a Proprietor of M/s. Sai Sales, Rajsamand which is dealing in the trading of Scrap Mix Lot. It is contended that the firm of the petitioner No. 4 entered into an agreement with M/s. Elite Ores & Metals Pvt. Ltd. situated at Hyderabad wherein M/s. Elite Ores & Metals Pvt. Ltd. agreed to purchase 3,05,000 items from the firm of petitioner No. 4. It is contended that as per the conditions of agreement, the firm of the petitioner No. 4 delivered certain Scrap Mix Lot to the firm of M/s. Elite Ores & Metals Pvt. Ltd. and when the said firm failed to furnish C -Form and transportation charges, a legal notice was sent to it on 20.5.2014. After receiving the said legal notice, the Vice President of M/s. Elite Ores & Metals Pvt. Ltd. has filed the impugned FIR against the petitioners levelling false allegations. It is also contended by learned counsel for the petitioners that even if the allegations levelled in the FIR are taken on its face value, the only case is made out against the petitioners is that they have failed to keep the promise as agreed in the written agreement. It is contended that failure to keep promise cannot be treated as cheating. It is further contended that the dispute between the firm of petitioner No. 4 and firm of complainant is purely of civil nature and, therefore, the impugned FIR is liable to be quashed.

(3.) PER contra, learned Public Prosecutor as well as the learned counsel for the complainant has argued that a bare reading of the contents of FIR constitutes prima facie offence against the petitioners and, therefore, no case for quashing of FIR is made out.