Penal Code, 1860–Secs. 406 & 420 [Corresponding Sec. 316(2) & 318(4) of BNS, 2023]–Criminal proceedings–Sustainability–No specific averments reflecting any inducement by the petitioner or causing any undue gain or loss on account of such inducement, which is the basic requirement of implicating any person for an offence u/s. 420–Even otherwise, nothing has come out from the perusal of complaint to support that the intention of the petitioner right from the begining was to cheat the complainant–There is an apparent dispute with regard to appointment of other distributor in the business jurisdiction of the complainant–Commercial dispute has been given a criminal colour–Sole intention appears to again appoint the complainant as sole distributor of the company–FIR and consequential proceedings are liable to be quashed.
