IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.08.2009 CORAM: THE HONOURABLE MR.JUSTICE C.S.KARNAN Crl.O.P.No. 28494 of 2007 and M.P.No. 1 of 2007 Radhakrishnan .. Petitioner Versus State represented by Sub Inspector of Police, District Crime Branch, Coimbatore District. .. Respondents Petition filed under Section 482 Cr.P.C to call for the records in Crime No.12 of 2007 on the file of the Sub-Inspector of Police, District Crime Branch, Coimbatore and quash the same. For Petitioner : M/s. S.R.Kalyani (No appearance) For Respondent-1 : Mr.R.Muniappa Raj Govt.Advocate (Crl.side) For Respondent-2 : Mr. Jayashree Baskar ORDER The petitioner has filed the above Criminal Original Petition to call for the records in Crime No.12 of 2007 on the file of the Sub- Inspector of Police, District Crime Branch, Coimbatore and quash the same. 2. The respondent's case is that the respondent Police filed a complaint against the petitioner in Crime No.12 of 2007 on an alleged offence under sections 120-B, 420, 468 and 471 of IPC. The defacto complainant, Mr.N.Venkatesh, son of A. Narayanan, lodged a complaint against the accused/petitioner and others stating that (1) The petitioner (2) Sunil Kumar (3) Zubee John (4) Anil Kumar approached the defacto complainant and requested him to supply garments to the petitioner's garment factories namely Colour Labs Garments and https://hcservices.ecourts.gov.in/hcservices/ G.S.Garments. On their request, the defacto complainant supplied Rs.11 lakhs worth garments to the petitioner's factories on 07.10.2006. The said garments were delivered after receipt of cheques from the petitioner. The said cheques were not honoured. Then the defacto complainant demanded the money from the petitioner. The petitioner threatened the defacto complainant and sent him back. In this situation, the petitioner loaded the sewing machines and allied equipments in 5 lorries and the same was informed to the respondent police to prevent the same. The respondent Police immediately registered a case against the petitioner and three others in Crime No.12 of 2007. 3. Now the petitioner/ Accused No.1 has filed the above Original Petition to quash the Criminal proceedings, on the below mentioned reasons. The defacto complainant has alleged that the company was supplied with materials to the tune of Rs.11 lakhs and the petitioner has not paid the amount is totally false, incorrect and baseless. The allegation is that the cheques were dishonoured and if so the defacto complainant can have other remedies available on various provisions of law. The materials being shifted from factory is not against law but the petitioner and co-accused entered into an agreement between them dated 31.12.2006 and 06.02.2007. As per agreement, the factory machinery was shifted. There is no evidence to suggest that the material had been borrowed from the defacto complainant and the complainant has not mentioned the exact items of garments. Further, the petitioner does not have any company as alleged, whereas the petitioner also stands as one of the secured creditor who later on secured by way of agreement over the property for his credit and legitimate rights as per the agreement between the petitioner and the said Anilkumar for a sum of Rs.25 lakhs paid by the petitioner to him. The defacto complainant has wrongly mentioned as K.G. Garments and Colour Lab Garments and these are in no way connected with the said company. The cheque issued by the said AnilKumar dated 12.01.2007 was in the capacity of proprietor of Colour Lab Garments, which clearly reveals the fact that the petitioner had nothing to do with the affair. Further, the said supply of goods is purely Civil in nature. Hence, the petitioner has approached the Court to quash the proceedings. 4. The Respondent filed a counter statement stating that the case has been registered against 8 accused on an alleged offence under 120-B, 420, 468 and 471 of IPC in Crime Nos.11 of 2007 to 18 of 2007. The accused are namely (1) Narayanasamy (2) Venkatesh (3) Yesudoss (4) Shanmugham (5) M.P.Selvaraj (6) Varadaraj (7) Pandian and (8) AnandaKumar. The 1st accused Radhakrishnan and 2nd accused Anil Kumar, his close relatives have purposely created the fabricated agreements dated 31.12.2006 and 06.02.2007. These https://hcservices.ecourts.gov.in/hcservices/ agreements have been fabricated to cheat the defacto complainant. The accused purchased materials to the tune of of Rs.1,10,000,000/-. The accused also purchased materials to the tune of Rs.11 Lakhs from another defacto complainant Venkatesan. Likewise all the accused person purchased materials from various defacto complainants up to Rs.5.5 Crores. The 1st accused, with malafide intention, in order to escape from the clutches of law transferred the entire machineries and materials from the company in 5 lorries. The police had also caught red handed the accused in the 5 lorries loaded with machineries and materials. At this stage, the FIR may not be quashed as the investigation is at an infant stage. Furthermore, the 2nd, 3rd and 4th accused are under the care of the 1st accused. 5. Considering the facts and circumstances of the case, the Court is of the view that the said occurrence is not on one incident but on many occasions involving different defacto complainants. Further, a huge value of materials is involved in this matter. So the case is fit for trial. Hence, the quash petition cannot be entertained, but has got to be dismissed. Accordingly the Criminal Original Petition No.28494 of 2007 is dismissed. Consequently the connected Miscellaneous Petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar mra To 1. Sub Inspector of Police, District Crime Branch, Coimbatore District. 2. The Public Prosecutor, High Court, Madras-104. Crl.O.P.No. 28494 of 2007 and M.P.No. 1 of 2007 mrd(co) pmk.25.8.2009 https://hcservices.ecourts.gov.in/hcservices/