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2012 (12) TMI 476 - DELHI HIGH COURTBreach of Contract - claim of Civil remedies - Petitioner no.1 engaged in the manufacturing of a soil stabilizer entered into an agreement with the respondent no.3 - respondent no.3 failed to pay the royalty amounts even as per the scheduled terms - respondent no. 2 could not complete the project and pay the royalty @ 12% ex-factory price in addition to the licence fee of Euro 2 million - Held that:- A bare perusal of Section 415 IPC makes it clear that for the purpose of constituting an offence of cheating, complainant is required to show that accused had fraudulent or dishonest intention at the time of making promise or representation. In absence of intention at the time of making initial promise, no offence under Section 420 of the Indian Penal Code can be said to have been made out. In this case, it has been alleged in the FIR that respondent no.2 was induced to enter into agreement and invest money in the venture with dishonest intention by the accused persons, in collusion with each other, including the petitioners. A holistic reading of FIR will not show that prima facie case is not disclosed for registration of FIR and the consequential investigation. Investigation is yet to commence, pursuant to registration of the FIR, inasmuch as investigating agency has to collect relevant material. In view of the nature of allegations it cannot be said that the case has purely a civil profile. Veracity of the allegations has yet to be verified by the investigating agency by collecting materials during the investigation. Allegations and counter allegations levelled by the parties cannot be gone into threadbare at this initial stage of investigation. Thus at this nascent stage, it would not be proper for this Court to exercise its power under Section 482 Cr.P.C. to quash the FIR, more particularly when complainant (respondent no. 2) has alleged in the FIR that all the accused including the petitioners connived with each other and allured him to enter into the agreement and invest huge amount in the project and when same reached at the advanced stage petitioners terminated the contract and tried to take over the respondent no. 3. - Miscellaneous application is disposed of as infructuous.
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