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2021 (7) TMI 692 - HC - Indian LawsDishonor of Cheque - Filing a case for Suit for recovery of money after initiating action u/s 138 of N.I.Act - Validity of FIR registered - Allegation is that the discount as promised by seller were not provided - matter of contract to be proved by the second respondent for recovering the amount said to be due to him - HELD THAT:- If the FIR registered against the petitioners and two others is read, it appears that the second respondent wanted to purchase laptops from the first petitioner’s business concern and there is no dispute with regard to this. The petitioners dispute offering of discount to the extent of 15 to 18% and claim to have supplied the entire quantity of laptops which is again disputed by the second respondent. But what is important to be noted here is that on 16.11.2018 itself, the second petitioner lodged an FIR with Halasur Police against the second respondent, his wife Smt. H.G. Pranitha, Mrs. Kavitha Wagamore and Mrs. Vasudha Shenoy alleging that his employees viz., Mrs. Kavitha Wagamore and Mrs. Vasudha Shenoy colluded with the second respondent and his wife to run a parallel business under the name and style of Viva Info Solutions and caused loss to him - According to the second respondent, the petitioners have to pay him an amount of ₹ 4.95 crore towards the discount offered to him, which is disputed by the second petitioner. Therefore it may be stated that if really the petitioners had offered discount, it is a matter of contract to be proved by the second respondent for recovering the amount said to be due to him. He has to file a suit for recovery of money against the petitioners. If really the second respondent’s grievance about cheating and forgery by the petitioners is genuine, he should have made a report to the police much earlier. If he thought of making a complaint to the police after registration of FIR against him in Cr.No.421/2018 and initiation of proceeding under Sec.138 of N.I.Act, obviously a doubt arises about the veracity in the contents of FIR 34/2019. The petitioners have made allegations against his employees viz., Mrs. Kavitha Wagamore and Mrs. Vasudha Shenoy and that the second respondent has also blamed them in his FIR. Therefore it can be said that the allegations against this petitioner in FIR No.34/2019 do not prima facie appear to be believable. Petition allowed.
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