SANJEEV PRAKASH SHARMA,J. - (1.) The matter comes on an application moved for vacation of the stay order dated 25/02/2019 passed by this Court whereby further proceedings arising out of FIR were stayed.
(2.) The case of the petitioners before this Court is that they are Directors of one Supreme Airlines which had operated its business of flight operations in the State of Rajasthan during the period from October, 2016 to August, 2018 for which approval was granted by the competent authority. It is submitted that an FIR has been lodged by the complainant-respondent no.2 who is engaged in the travel business and ticketing. It was mentioned in the FIR that the complainant-respondent no.2 is registered with IATA and for booking the tickets for the flights of the Supreme Airlines, the complainant approached the petitioners whereafter the complainant became the authorized agent of the said Supreme Airlines and started booking flights for the Supreme Airlines. However, after July,2018, without any prior information the Supreme Airlines stopped its flights but the said aspect was not informed to the complainant who continued to book tickets. Resultnatly, the complainant had to suffer loss and had to return back the amount which had taken by way of booking tickets. He also stated that he had deposited Rs.50,000/- with the Supreme Airlines but the same was not returned. It was stated that an assurance was given by the petitioners to return the amount of Rs.57667/- but the same was fraudulently not returned and he was cheated. Accordingly, an FIR under Section 420 and 406 IPC was lodged by him.
(3.) Learned counsel for the petitioners submitted that the dispute between the petitioners and the respondent-complainant is of civil nature and is in relation to the outstanding amount. As per the books of accounts, the petitioners are required to repay a sum of Rs.26283/- to the complainant-respondent which they are ready and willing to pay. It was further stated that originally the approval was only given for operating flights upto August, 2018 but due to poor turn out, the company-Supreme Airlines stopped its operations in the State of Rajasthan and did not renew its approval. The Company being a commercial venture, no one can force the Company to continue its venture and cannot force the petitioners to business in the State of Rajasthan. It was further submitted that a certain amount was received by the Company from the respondent-complainant as security which was a non- refundable amount and the only amount of Rs.26,283.65 was required to be returned. In this regard, the Company had sent a letter to the complainant who refused to accept it. The criminal proceedings could not have been taken up in this regard.;