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Judgment
Petitioners have come before this Court challenging the F.I.R registered against them under Sections 406 and 420 I.P.C by the respondent-company Ajmer Vidyut Vitran Nigam Limited (AVVNL) and submits that the petitioners had entered into a contract with the respondent company and disputes arising out of the contract are under adjudication before an Arbitral Tribunal where the respondent-company is also present.
The claim has already been filed and interim directions have already been issued by the Tribunal in the following nature:-
"In the light of this, the Tribunal is of the considered view that the Respondents should not take any steps to encash the said six Bank Guarantees as the same have already been extended by the Claimant.
The Respondents are, hereby, granted three weeks' time to file its Reply to the said Application.
In the meanwhile, any action taken by the Respondents in terms of the letter dated 27.08.2020 sent vide email dated 28.08.2020 shall abide by the result of this Arbitration and the same shall be without prejudice to the rights and contentions of the Parties.
However, in the meanwhile, the Claimant would continue to abide by the timeline already fixed as per the first Procedural Order for the filing of the Statement of Claim i.e. on or before 31.10.2020.
Post it on 06.11.2020 at 05:00 P.M., as already fixed for Arguments on the said IA and for further directions."
Learned senior counsel for the petitioners submits that after the interim orders were passed, with a view to harass the petitioners, an F.I.R has been registered by the AVVNL authorities under Sections 406 and 420 I.P.C although the petitioners have not committed any cheating or fraud as against the respondent.
The contents of the F.I.R were read out by the learned counsel to submit that no case under Section 420 I.P.C can be said to be made out from the said allegations in the F.I.R.
Respondent was called upon to submit written submissions to point out as to what is the element of cheating committed by the petitioners. A brief note has been filed and it has been stated that hardware and software of Data Center at Jaipur had failed and petitioner company was asked to manage the entire business operation and transfer the data from Jodhpur DISCOM to Ajmer for which the petitioners are asking for substantial amount and have also refused to migrate the essential data to DoIT causing the entire billing system to risk which would cause immense pressure to the public and DISCOM for the period of pandemic. It is stated that the petitioner is arm twisting the DISCOM for deriving undue advantage and causing wrongful loss to DISCOM and wrongful gain to the accused-company. The contents of similar nature are mentioned in the F.I.R also.
I have considered the submissions.
Prima facie, the aforesaid contents of F.I.R do not come within definition of 'cheating' as defined under Section 415 I.P.C which reads thus:-
"Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat". In view thereof, this Court does not deem it proper to allow the criminal proceedings to continue in terms of F.I.R No. 373/2020 dated 12.09.2020 registered against the petitioners at Police Station Christianganj, Ajmer and direct to restrain the police authorities from taking any coercive steps on the basis of F.I.R till further orders.