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2016 Supreme(Mad) 740

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBBIAH, J.
A.Leo Charles and Ors. – Petitioners
Vs.
M.Vijayakumar – Respondents
Crl.O.P.No.3298 of 2014 and Crl.O.P.No.28671 of 2015 and M.P.No.1 of 2014 in Crl.O.P.No.3298 of 2014 and M.P.Nos.1 & 2 of 2015 in Crl.O.P.No.28671 of 2015
Decided On : 28-03-2016

Advocates:
Advocate Appeared:
For the Petitioner: Mr.V.K.Sathyamurthy
For the Respondent: Mr.M.Saravanan Kumar

Headnote:

Criminal Procedure Code,1973 - Section 200 – Indian Penal Code,1860 - Section 211,167, 204, 218 r/w 107 - Praying to quash criminal – Conspiracy - In course of such business activities said firm executed civil works for Oil & Natural Gas Corporation While executing said works some disputes arose between petitioners firm and ONGC – Hence matter was referred to Arbitrator in year - Petitioner/ Managing Partner of said firm engaged services of respondent herein/complainant to assist their Advocate on technical aspects in aforesaid Arbitration Proceedings for which his remuneration was fixed and paid then and there - It is further case of petitioners/accused that without the knowledge and consent of petitioner/A2 respondent had given the address of petitioner/A2 to the Insurance Regulatory and Development Authority and he had himself registered as a Surveyor and Loss Assessor - Held, In other words it is submission of learned counsel for the petitioners that so far as the petitioners herein are concerned none of the sections under which petitioners were charged will attract the offence against them - In this regard an elaborate argument was also made by learned counsel for petitioners by inviting the attention of this Court to ingredients of those sections and a submission was made stating that even if allegations made in the complaint are taken at their face value and accepted in their entirety they do not prima facie constitute any offence or make out any case against petitioners - But it is reply of learned counsel for respondent that complaint was taken on file under Sections 167, 204, 218 r/w 107 Indian Penal Code on allegation of abetment and criminal conspiracy said allegation has to be established only during course of trial - Miscellaneous Petitions are closed.

ORDER :

These criminal original petitions have been filed by the petitioners praying to quash the criminal proceedings in C.C.No.274 of 2013 pending on the file of the learned Judicial Magistrate No.1, Salem.

2.The petitioner in Crl.O.P.No.3298 of 2014 has been arrayed as 2nd accused and the petitioners in Crl.O.P.No.28671 of 2015 have been arrayed as accused 4 to 6 in the case in C.C.No.274 of 2013 pending on the file of the learned Judicial Magistrate No.1, Salem.

3. The brief facts, which are necessary for disposing these petitions, are as follows:-

3-1.The 1st petitioner A.Leo Charles (A2) is the Managing Partner of the firm M/s.Bricksteel Enterprises. The 2nd petitioner Breddy (A4) is the Manager, the 3rd petitioner Sheikh Ameer (A5) is the Public Relation Officer and the 4th petitioner Tmt.Amalarani (A6) is employed as the Computer Assistant in the said firm. The said firm is engaged in the activities of construction of buildings and other related works. In the course of such business activities, the said firm executed civil works for Oil & Natural Gas Corporation, Karaikal (in short ONGC). While executing the said works, some disputes arose between the petitioners' firm and ONGC. Hence, the matter was referred to the Arbitrator in the year 2015. The 1st petitioner/A2, Managing Partner of the said firm, engaged the services of the respondent herein/complainant to assist their Advocate on technical aspects in the aforesaid Arbitration Proceedings, for which his remuneration was fixed and paid then and there. It is further case of the petitioners/accused that without the knowledge and consent of the 1st petitioner/A2, the respondent had given the address of the 1st petitioner/A2 to the Insurance Regulatory and Development Authority and he had himself registered as a Surveyor and Loss Assessor. The respondent had also used the office of the petitioners and its amenities and had thereby made personal gains. The respondent had also attempted to steal some of the files from the office of the petitioners and when it came to the knowledge of the 1st petitioner/A2, he had confronted the respondent on that issue and the respondent had accepted his mistakes and sought apology from the 1st petitioner/A2.

3-2.After the completion of the Arbitration proceedings, the service of the 1st respondent was not required and it was, therefore, informed to him by the 1st petitioner/A2. However, the respondent insisted that he should be appointed on a regular basis, as a regular staff, which was declined by the 1st petitioner/A2. On coming to know that in the arbitration proceedings, an award was passed in favour of the petitioners' firm, the respondent started to demand a huge sum of Rs.2,50,000/-in addition to the amount already paid to him for his assistance and services done in the Arbitration proceedings. The 1st petitioner/A2 did not accept the said demand of the respondent; hence, enraged over the petitioner's refusal, the respondent started threatening the petitioners stating that he would go to any extent to damage and spoil their reputation and also would cause loss to the petitioners. The respondent sent several communications to the petitioners' clients, with whom the petitioners were executing construction works, and also to Canara Bank with whom the petitioners were maintaining an account and to several others, including the Pope Benedict XVI, Vatican, Rome. Such communication was also sent to the Bishop of Salem by the respondent containing defamatory statements about the petitioners.

3-3.The respondent, in the beginning, filed a complaint to the Commissioner of Police, Salem City, against the 1st petitioner, his staff Sheik Ameer and respondent's neighbour one Mr.Jamaluddin (A3) on 09.11.2009, for alleged theft of a sum of Rs.1,900/-and a camera owned by him between 09.10.2009 and 03.11.2009. The above said complaint was investigated by the Assistant Commissioner of Police, Salem West. The 1st petitioner and two others were summoned fo































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