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2018 Supreme(Mad) 4221

IN THE HIGH COURT OF MADRAS AT MADURAI BENCH
S.S. SUNDAR, J.
RITESH BAWRI - Appellant
Versus
M/S. DALMIA BHARATH (LTD) - Respondent
CRL.O.P.(MD)11759, 11760 of 2017 and Crl. M.P.(MD)Nos. 8096 to 8099 of 2017
Decided on : 14-06-2018

Advocates:
Advocate Appeared:
For the Appellant : Mr. V. Karthic, Senior Counsel for M/s. Fox Mandal and Associates
For the Respondent:Mr. K. Shunmugha Sundaram, Senior Counsel for Mr. R. Parthiban, Advocate

Headnote:

Criminal Procedure Code, 1973 – S. 200 - Indian Penal Code, 1860 - Section 34, 120(B), 499, 500 -Quash of criminal proceedings - Allegation are not mere report of what took place before the pending proceedings - Merely because the petitioners have made similar statements in pending proceedings, they cannot rely upon exception 4 – Held, petitioners 8 and 9 in both the petitions are private limited companies represented by their Administrative Director, not named -Two companies are stated to be involved by attributing criminal conspiracy against them -S. 499 of I.P.C. requires imputation with an intention to harm. Criminal conspiracy can be established by proving an agreement. Even though company is a juristic person, it cannot be said that it is capable of hatching a plan joining with other individuals - A corporate entity may be sued or complained of for publishing anything to harm the reputation of another. But to involve a company by presuming criminal conspiracy cannot be accepted -Though this aspect was not argued, this Court is of the view that the complaint against petitioners 8 and 9 are not maintainable and hence liable to be quashed insofar as petitioners 8 and 9 are concerned – Criminal petition dismissed

JUDGMENT :

S.S. SUNDAR, J.

1. The Criminal Original Petition (MD) No.11760 of 2017 is filed to call for the records in connection with C.C.No.23 of 2017 on the file of the Judicial Magistrate Court, Lalgudi, Trichy and to quash the same. Similarly, Criminal Original Petition (MD) No.11759 of 2017 is to quash C.C.No.22 of 2017 on the file of Judicial Magistrate Court, Lalgudi.

2. The petitioners in Crl.O.P.(MD) No.11760 of 2017 are the accused 1 to 12 in C.C.No.23 of 2017 on the file of Judicial Magistrate Court, Lalgudi. The respondents 1 and 2 are the complainants. A private complaint was lodged by the respondents 1 and 2 under Section 200 Cr.P.C. for taking action against the petitioners for the offences under Section 34, 120(B), 499, 500 and 503 I.P.C. The first respondent is a company registered under the Companies Act and the second respondent is the Deputy General Manager of the company stated to be an authorised representative of the company who has been authorised to lodge the complaint and to give evidence on behalf of the company and to take further action against the petitioners in relation to the incidents for which the complaint had been lodged.

3. In the complaint, it is stated that the first respondent is a company having its registered office at Dalmiapuram, Trichy District and its corporate office at New Delhi. The first respondent claims to be the flagship and holding cement entity of the Dalmia Bharath Group which is one of the oldest Indian business conglomerates. The first respondent has further stated in the complaint that along with its subsidiaries it is one of the fastest growing cement manufacturers in India having business stakes in 18 States and providing employment to more than five thousand people. It is further stated that the first respondent has built an impeccable reputation for the group throughout India. It is also stated that the first respondent as part of their commitment to society used to extend their financial and technical support to other sick industries to make them profit earning entities and that because of its commercial activities with social concern, the first respondent is appreciated throughout India.

4. It appears that petitioners 1 to 10 herein have stakes in Calcom Cement India Limited (hereinafter referred as 'CCIL') another cement manufacturing company. In the complaint, the petitioners 1 to 7 are described as members of the Bawri Group and founders of Calcom and other industries. It is stated that the petitioners 1 to 7 are known as Bawri Associates. The petitioners 8 and 9 are the two private limited companies administered by Bawri Group. It is stated that the 10th petitioner has joined Bawri Group in their business. It is alleged that the 11th petitioner was nominated as the Director by Bawri Group on the Board of CCIL. The 12th petitioner is an employee described as a person working for Bawri Group. It is stated in the complaint that at the time when CCIL was facing financial crisis, the Bawri Group approached the first respondent and made the first respondent to invest as a major shareholder so as to make the project of CCIL viable and profit making. It is further stated that the first respondent made investments. It appears that there was some misunderstanding between the promoters of first respondent and the Bawri Group and it is admitted that several complaints and petitions were filed before Company Law Board, Calcutta, apart from initiating action for settlement of disputes by arbitration. It is stated in the complaint that in the background of several issues and disputes between the first respondent and the Bawri Group, a letter dated 02.05.2016 and another letter dated 01.06.2016 were sent to Hon'ble Prime Minister of India by the 12th petitioner on behalf of the 10th petitioner. It is stated that the petitioners 1 to 12 in active conspiracy with one another and other persons have made brazenly defamatory and slanderous statements against the first respondent and



































































































































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