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Pawan Kumar Jain & Ors. vs. State of Rajasthan & Anr.

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Penal Code, 1860–Secs. 420, 406 & 120-B–FIR for the offence–Sustainability–Case of complainant that the petitioners did not make the payment of goods purchased by them–Petitioners sent the letter informing about the financial constraint of the company–They ensured the payment of due to the complainant–Financial constraint was due to effect of COVID-19 and there was no dishonest intention–It cannot be said that the property was entrusted to the petitioners for getting back–Further, the information given by them shows that there was no dishonest or fraudulent intention–Held, ingredients of offences u/s. 406 & 420 are not made out–FIR is liable to be quashed.