- (1.) IN this criminal writ petition filed un der Article 226 of the Constitution of IN dia, the First INformation Report lodged on 13-05-2008 in Police Station Bhagwanpur, District Haridwar U/ss 406/ 420 I. PC. has been challenged and it is prayed that this F. I. R. and a proceedings emanating there from be quashed and set aside.
(2.) I have heard the learned counsel for the parties and have perused the record of the case including the First In formation Report in question. A bare perused of the First Infor mation Report clearly reveals to me that respondent no. 4 - M/s Paswara Electron ics Pvt. Ltd. had entered into an agree ment with KMG International Ltd. on 19-10- 2007, whereby KMG International Ltd. was to supply the raw material, M/s Paswara Electronics Pvt. Ltd. Would manufacture CFL and deliver the end products to KMG International Ltd. for marketing. In the First Information Report, the allegation is that M/s Paswara Elec tronics Pvt. Ltd.- respondent no. 4 deliv ered CFL (end product) to KMG Interna tional Ltd. , but despite taking the deliv ery of the product, the price thereof was not paid to the Manufacturer. In the First Information Report, it was accordingly claimed that a sum of Rs. 21,20,660/-was due from M/s KMG International to wards respondent no. 4. The First Infor mation Report also alleged that for ena bling KMG International to purchase raw material, respondent no. 4 had given some blank cheques, but despite filling-in and encashing those blank cheques and mak ing payments to some raw material sup pliers, respondent no. 4 had not received the raw material. After a careful perusal of the First Information Report in question and upon hearing the learned counsel for the par ties, this Court is firmly of the considered opinion that the First Information Report does not at all reveal or suggest the com mission of any offence by the petitioners, who are stated to the Directors of KMG International Ltd. Actually, the First Infor mation Report does not reveal or suggest the commission of any offence by anyone. The entire First Information Report is based upon a civil transaction and as per the allegations in the First Information Report, disputes purely of civil nature have been alleged to be existing between the parties.
(3.) MR. Harish Pujari, the learned Ad ditional Government Advocate and MR. Rajeev Sharma, learned Advocate appear ing for respondent no. 4 have very fairly and frankly also conceded before me that, indeed, the First Information Report does not disclose or suggest the commission of any offence by anyone, much less by the petitioner and the First Information Report, if at all, discloses the existence of disputes of pure civil nature relating to and arising out of an agreement between the parties, namely, respondent no. 4 - M/s Paswara Electronics Pvt. Ltd. and KMG Interna tional Ltd. Counter affidavit has been filed on behalf of respondents 1 to 3 by Sri Raghubeer Singh Aswal, inspector, C. B. C. I. D. , Dehradun. Separate counter affidavit has been filed on behalf of re spondent no. 4 by Sri Ajay Mathur, who claims to be the General Manager of re spondent no. 4.;