SANDEEP MEHTA,J. - (1.) Heard learned Counsel for the parties. Perused the material available on record.
(2.) The instant misc. petition under Section 482 Cr.P.C. has been preferred by the accused petitioner Sourabh Tayal seeking quashing of the FIR No. 129/2019 registered at Police Station Pratap Nagar, Bhilwara for the offences under Sections 420, 406, 384 and 120B I.P.C.
(3.) Brief facts relevant and essential for disposal of the misc. petition are noted herein below: The complainants respondent Nos. 2, 3 and 4 lodged a complaint in the Court of the learned Chief Judicial Magistrate, Bhilwara alleging inter alia that the accused petitioner, who is a Director of a company named Asahi Industries Limited, Mumbai (hereinafter referred to as 'the accused Company') alongwith his Associate Directors namely Pushpendra Kumar, Ramniwas, Mahaveer Dixit, Shiv Prasad, Kamla Yadav, Jyoti Koli, Ravindra Chitley and Swaroop Singh Bhati, approached the complainant firm at Bhilwara and fraudulently allured the complainants into selling cotton to the accused Company. The accused gave fraudulent assurance that they were seasoned traders of cotton and would fetch good prices for the consignment and the payments would be made to the complainants in time. The complainants fell for the false assurances given by the accused and accordingly, transported huge quantities of cotton under valid bills. The cotton was purchased on credit. Some payment was made to the complainants' firm but a huge some of Rs. 56,38,012/- remained due which the accused promised to pay shortly but he avoided to do so. The complainants tried to contact the accused who repeatedly replied that the cotton was lying safe and either the cost of the cotton would be paid or the consignments would be returned. Around two months before lodging of the report, the accused bluntly refused to either make the due payment or to return the cotton and in this manner, the complainants claimed to have been cheated by the accused. ;