- (1.) In this petition filed under Section 482 Cr.P.C. the petitioners are seeking quashing of the FIR No.260 dated 13.10.2012, registered at Police Station Khaidki Daula, Gurgaon, under Sections 406/420 IPC.
(2.) The facts that are unfolded in the FIR lodged by Piccadilly Hotel against the Managing Director and Director of Kohler India Corporation was that Piccadilly Hotel Pvt. Ltd. had placed a purchase order with the accused company for supply of sanitary ware materials on 17.05.2012 for their Ludhiana Project Site. The total order was of a value of over 46 lacs. The material was to be supplied by 15 July, 2012. The complainant company had given 10% in advance. The allegations made in the complaint were that they had placed some orders but the accused company did not supply specific parts without which their work could not be completed and the items which were delivered were of a different code and the assembly of the sanitary ware was not possible and Kohler had purposely done this to cheat and defraud them. It was pleaded that they had issued cheques and Demand Drafts and had followed up but they did not get any concrete response and they were of a strong view that Kohler had knowingly cheated them.
(3.) The FIR was registered on 13.10.2012. The petitioners who are the Managing Director and Director of the Company, seek quashing of the FIR and their plea is that 31 pieces had been delivered on the site on 14.09.2012 and 10 days later i.e. on 24.09.2012, a verbal communication was received from the complainant that they were facing some issues on account of change in the project configuration and they checked up with the American product team from which had imported the material and they informed the complainant company and to support the plumbing requirement, they would need to replace the earlier specified product with a new configuration and the orders were placed with the overseas manufacturing plants and this fact was conveyed to the complainant that they would be air lifting the material to support the urgency but on 12.10.2012 the police visited their office and made inquiries about the petitioners who were travelling out of town on account of business and on 13.10.2012 the FIR was registered.;