NUTAN D.SARDESSAI,J. - (1.) Rule. Rule made returnable forthwith. The learned Public Prosecutor waives service for the respondents. Heard finally with the consent of the parties.
(2.) It was the case of the petitioners that they were in the business of sale of air tickets as the partners of a partnership firm handling online ticketing of several of their clients, both domestic and international. Air India Limited had appointed the partnership firm as a sales agent at Panaji, Goa for the sale of tickets of Air India Limited w.e.f. 19/01/2001 and they were insured with United India Insurance Company Limited at the instance of IATA and subsequently was declared as a member of IATA having acquired the accreditation on 19/01/2001. In terms of the arrangement between the firm and Air India Limited, the firm had obtained the Credit Risk Insurance Policy, International Air Transport Association-Billing and Settlement Plan India (IATA-BSP-India) which was renewed w.e.f. 01/01/2012 and valid upto 31/12/2012. The petitioners challenged the F.I.R. no.51/2016 registered by the Respondent no.1 on 03/03/2016 against them under Sections 403, 405, 409, 420, 425 r/w Section 34 of Indian Penal Code on the basis of the application filed by the respondents no.2, 3 and 4. The allegations in the complaint were that the petitioners as the partners of the firm with the intention to commit offences had induced Air India Limited to part with their airline tickets and consequently, dishonestly misappropriated the sale proceeds of the Air tickets of Air India aggregating to Rs. 1,38,683,853/- and induced Air India Limited to believe that they were in the process of settling the dues which were fully secured by an insurance cover with reference to the insurance policy the firm had with IATA.
(3.) It was the petitioners' case further that they were in receipt of the notice from the respondent no.1 informing them about the complaint filed by the respondent no.2 and they had brought to their notice the falsity of the said complaint. Besides, Air India Limited had filed a Civil Suit seeking the recovery of the stated amount from the petitioners/firm in the Court of the Senior Civil Judge, "B" Court, Panaji which related to the amount claimed in the complaint. They had filed their Written Statement opposing the suit filed by Air India Limited and raised a counterclaim seeking an amount of Rs. 93,21,593/-. They were shocked to come across a report in the local daily on 05/03/2016 that the respondent no.1 had registered an F.I.R. against the petitioners within three days of the filing of the Written Statement and raising of the counter claim by them. The complaint filed by the respondent no.2 was false, frivolous, malafide, mischievous and an abuse of the process of law.;