Penal Code, 1860–Secs. 420 & 406 [Corresponding Secs. 318(4) & 316(2) of BNS, 2023]–Criminal proceedings–Sustainability–As per the facts revealed in FIR, the goods were to be exported out of India–Respondent no. 2 since did not possess an import/export licence, the appellant asked him to export the goods through M/s. Oswal Overseas–Goods were exported through the owner of M/s. Oswal Overseas–In the true copy of the invoice and the payment receipts, the appellant is shown as the consignee and M/s. Oswal Overseas is the exporter–The entrustment was made to M/s. Oswal Overseas and not to the appellant–Non-payment of the sale price could be a civil dispute between the appellant and M/s. Oswal Overseas–FIR is liable to be quashed.
