Penal Code, 1860–Secs. 406 & 420 [Corresponding Secs. 318(4) & 316(2) of BNS, 2023]–Prayer for quashing the FIR–Acceptability–Allegation that the accused persons, with criminal intent, took advantage of their acquaintance with the complainant, purchased the large quantity of mustard from him without making the payment, and thereafter, purportedly sold the same to the accused-applicant firm which then sold it further–All these transactions were shown only on paper as cash transactions, and no GST was paid on any of them–Accused-persons carried out the transactions above the permissible cash limit under the law–This clearly indicates that the entire exercise was undertaken with the sole intention of misappropriating the mustard purchased from the complainant, fictitiously showing purchases and sales–Investigation of the case reveals that the acts were done with criminal intent to cause wrongful loss to the complainant and to gain undue benefit for themselves in furtherance of a conspiracy–Declined to quash the FIR.
