JUDGMENT

Prayer in Crl.O.P.No.22419 of 2021: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to defreeze the petitioner’s bank account bearing Account No.02061050214196 maintained in the 2nd respondent bank and account bearing Account No.006010101427125 maintained in the 3rd respondent bank within the time stipulated by this Court.

Crl.O.P.No.22421 of 2021: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to defreeze the petitioner’s bank account bearing Account No.219026363 maintained in the 2nd respondent bank within the time stipulated by this Court.

1. Crl.O.P.No.22419 of 2021 has been filed to direct the 1st respondent to defreeze the 1st petitioner’s Bank Account No.02061050214196 maintained in the Branch Manager, HDFC Bank Limited, 56, G.N.Chetty Road, T.Nagar, Chennai and the Account No.006010101427125 maintained in the Branch Manager, Axis Bank, Chennai Main Branch, 82, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2. Crl.O.P.No.22421 of 2021 has been filed to direct the 1st respondent to defreeze the 2nd petitioner’s Bank Account No.219026363 maintained in the Branch Manager, Chennai Central Co-Operative Bank Limited, Saidapet Branch, No.37, Jeenis Road, Saidapet, Chennai.

3. Gist of the case is that M/s.Nivaya Resources Private Limited Company/defacto complainant is engaged in the business of trading of imported coal, besides bunkering and marketing of fuel oil, base oil and steel. The business was managed by the 1st petitioner/A1-Satheesh Kumar-Head-Coal, South & East India and Masilamani-A2-Operations-Pet Coke & Minerals, Chennai. A3 is M/s.GPR Resources Private Limited, Chennai and A4 is M/s.Indian Coal Company, Chennai. The company during the course of business, having imported 56,300 MT of coal from Indonesia through vessel MV Beaufort during the month of November 2019 at Tuticorin port. Again, 2,864.10 MT was inter-carted from other plot where MV Incredible Blue cargo was discharged. Accordingly, there was stock of coal at 59,164.10 MT in plot where Cargo MV Beaufort was unloaded. The defacto complainant company had appointed M/s.Villavarayar & Son, VOC Port, Tuticorin for handling the cargo operations at Tuticorin Port. M/s.Villavarayar & Son., was under instruction to deliver goods to contracted buyers of such goods under cover of valid delivery order in terms of agreement. The 1st petitioner/A1 and A2 were responsible for concluding sales contract with prospective buyers, forwarding delivery order to handling agent, collection of advance money from such contracted buyers in accordance with the company procedures. During the COVID-19 pandemic from 21.03.2020, the coal operations were halted. After resumption of normalcy, from 10.10.2020 onwards, the company decided to sell the coal and took out a inventory of coal lying at Tuticorin port.

4. Later, it was found that A2-Masilamani manipulated the stock quantity numbers in handling Agent’s dispatch report and sent it to the defacto complainant company. Thereafter, the documents of dispatch details, lorry details, gate pass etc., were verified. At that time, it was found that the coal were dispatched to A3 and A4 without proper documents and the sale procedures were not followed. On enquiry with A3 and A4 with regard to payment and supply, it revealed that all the accused have conspired together and fraudulently misappropriated the coal worth of Rs.2,19,52,847/- and Rs.72,73,344/-. When A1 and A2 questioned the same, they admitted the date and delivery of goods was without proper invoice. Both the accused agreed to recover the funds for supply of 7715 MT of coal. A2 confessed about the misdeeds as to fraudulent sale and theft of coal amounting to 7715 MT and thereby, the defacto complainant company suffered loss to the tune of Rs.2.92 Crores. Hence, a complaint was lodged by the defacto complainant against the accused and the sam