Penal Code, 1860–Secs. 420 & 120-B [Corresponding Secs. 318(4) & 61(2) of BNS, 2023]–FIR and charge-sheet for the offence–Sustainability–Complainant was required to show that the appellants had a fraudulent or dishonest intention at the time of making the promise or representation of buying the said ruula set fitting–There is a clear absence of dishonest and fraudulent or dishonest intention on the part of the appellant as regard the sale and purchase agreement–No allegation in FIR or charge-sheet as regard to intentional deception or fraudulent/dishonest intention on the part of the appellants right from the time of making the promise or misrepresentation–Delay of five years in lodging FIR–No explanation–The complainant had an alternative remedy of filing a civil suit, claiming damages for the alleged violation of his contractual rights–FIR and charge-sheet are liable to be quashed.
