The main legal point established in the judgment is the requirement of specific details in a complaint to establish a criminal offence, the need for fraudulent or dishonest intention for the offence of cheating under Section 420 I.P.C., and the discouragement of converting civil disputes into criminal cases.

JUDGMENT

(Prayer: Criminal Original Petitions are filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the proceedings in C.C.No.980/2015 pending on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai for offences under Sections 420 and 506 (ii) I.P.C.)

1. These petitions are filed to call for the records in C.C.No.980 of 2015 pending on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai and quash the same.

2. Respondent filed the private complaint against the petitioners under Section 200 Cr.P.C. read with 190 (1) of Cr.P.C. for the offences under Section 420 and 506 (ii) I.P.C. Gemini Audio and Gemini Entertainment Mobile India Services/respondent herein, is South India's fastest growing record label that discovers and develops recording artists and promote their music across a wide array of formats and platforms. Respondent is doing large scale of film and audio business. As a genuine business proposal, with the approval of the present President of the first accused company namely Sudha Raghunathan, it was agreed that first accused company would give their license of the members content exclusive to Gemini Auto to digitize and deploy across all mobile platforms worldwide for a period of three years. Accused 2 to 8 personally promised and induced the defacto complainant/respondent company to make payment promising to license their members content to Gemini Audio to digitalize and deploy across all mobile platforms worldwide. Second accused Sudha Raghunathan personally guaranteed and promised, visited the complainant's office at Parson complex along with other accused many times and induced the complainant's company to make payment. At the instruction of the present President Sudha Raghunathan, eighth accused Swaminathan, Secretary of the first accused entered into an agreement with the complainant on 14.09.2012. A sum of Rs.2.70 crores was paid on different dates by way of RTGS and cheque payments in September 2012. After receiving the money, the accused coerced complainant's company's joint managing director A.Manohar Prasad to sign an agreement with frivolous and fictitious content. Accused cheated the complainant's company with the hidden agenda with an intention to defraud the complainant's company with full of false and frivolous database. Complainant came to understand that first accused had existing arrangements with an external party and that had expired on 1st September 2012. Accused failed to arrange the supplementary agreements and invoices. Left with no option complainant had to sign the agreement dated 14.09.2012. Apart from the first accused individual members (Audio labels) failed to submit the invoices to the complainant company to enable their payments. Accused have not coordinated with the members (audio labels) for collecting the supplementary agreements, invoices and contents along with the meta data and handover to the complainant's company. Believing the words of the accused, complainant's company transferred Rs.2.27 crores. Complainant was able to collect music content in one 2TB hard disc without any content in it. Till now accused have neither given the content nor the money to the complainant's company. When complainant's company's Managing Director Manohar Prasad contacted the accused Sudha Raghunathan and other accused and asked them to return the money. But, accused Sudha Raghunathan started threatening him with dire consequences. Other accused also continuously threatening him. Therefore Manohar Prasad, Managing Director, gave a complaint to the Commissioner of Police, Chennai on 22.10.2013. But, no first information report was registered. The accused have committed the offences punishable under Section 420 and 506 (ii) I.P.C. Therefore, this complaint. This complaint was taken on file in C.C.No.980 of 2015 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai for the offences under Section 420 and