- (1.) This petition has been filed under Section 482 CrPC for quashing FIR No. 276/2011 registered at Police Station, Shivdaspura, Jaipur Rural, Jaipur for the offence under Sections 420 and 406 IPC.
(2.) Brief facts of the case are as under: "The petitioner is a proprietor of a firm namely M/s. Hanuman Prasad Choudhary. In the year 2010, the Jaipur Zila Dugdh Utpadak Sangh Ltd, Jaipur invited tenders for supply of milk and milk products for a limited period on rural routes. The petitioner also submitted tenders. Subsequently his firm was allotted the work of supply of Milk products. The petitioner was supposed to supply the dairy products in rural areas, but he supplied these products in urban areas in order to gain more profit / margin money and misappropriated the sale proceeds which amounts to cheating and misappropriation of funds. In this regard, the aforesaid FIR was lodged against the petitioner."
(3.) Learned counsel for the petitioner has contended that the FIR has been lodged by the complainant / respondent no.2 malafidely against the petitioner, in order to lower down the image and reputation of th petitioner as well as to pressurize the father of the petitioner to withdraw the complaints and case lodged by him against the complainant/respondent no.2. He has further contended that no embezzlement / misappropriation of funds / cheating whatsoever, has been committed by the petitioner. No case under Section 406 and 420 IPC is made out against the petitioner. He is innocent and falsely implicated in this case, hence, the impugned FIR deserves to be quashed and set-aside.;