Penal Code, 1860–Secs. 409, 420, 467, 468 & 120-B–FIR for the offence–Sustainability–Allegation that the complainant paid the advance amount but neither the petitioner supplied the material nor refunded the advance amount to him and the fraudulent entires were made in the books of accounts–Acceptability–Perusal of record clearly indicates that several business transactions took place between the petitioner and complainant from the year 2017 to 2022–The existence of long standing business relations raises questions regarding the credibililty and motivation behind the complainant’s decision to initiate criminal proceedings against the petitioner–It is evident from the balance sheet of complainant’s firm that before registration of the FIR, numbers of order to supply the goods were placed by both the parites to each other–Parties were doing business through mediator and in respect of business dispute between the petitioner, complainant and mediator, one criminal complaint was submitted to Economic Offences Wings wherein it was found that it was a civil dispute–Matter of civil dispute–Criminal prosecution cannot be allowed.
