ORDER :

This petition is filed to call for records in C.C.No.90 of 2016 on the file of learned Judicial Magistrate No.I, Ponneri and to quash the same.

2. Final report in C.C.No.90 of 2016 was filed on the basis of complaint dated 09.07.2015 given by the second respondent against the petitioners. The gist of the complaint, is as follows:-

Second respondent, M/s. Greems Cotton Limited is a public limited company engaged in the business of manufacture and sale of automative engines, industrial engines, farm equipments as well as spare parts for the same. It has its factory at SIPCOT Industrial Estate, Gummidipoondi. First petitioner/accused, Savani Transports Private Limited is a private company engaged in the business of providing cargo service including sundry parcel Service, bulk transportation, turnkey project, odd dimensional cargo, warehousing, logistics and carrying and forwarding. First petitioner's registered office is at Mumbai and it has its zonal office at Chennai. 5th petitioner is a zonal manager at Chennai. 6th petitioner is senior branch manager at Chennai. 7th petitioner is loading supervisor at Chennai. 4th petitioner is operationl head at Mumbai. Second and third petitioners are the Director and Managing Director respectively of Savani Transport Private Limited. Second and third petitioners are incharge and responsible for the day-to-day affairs of the company. Second respondent engaged authorised transporters including the first petitioner for transporting petrol and diesel pumpsets, gensets and water sealed pumpsets along with accessories from Gummidipoondi factory to various locations in India. It was found for the period from March 2011 to April 2015 in Gummidipoondi factory that instances of fraud and cheating in the transaction with the first petitioner. It was observed that in several instances, first petitioner had been charging the second petitioner for two or more trucks per consignment, when in fact first petitioner was using only one truck for transporting consignment. First petitioner was cheating the second respondent and charging for more than two or more truck loads while using only one truck. In March 2015, consignment worth Rs.25,73,720/- was sent from Gummidipoondi factory to Bhuvaneswr and Patna through the first petitioner. The accused had conspired and colluded with each other and legally misappropriated the consignment. By the act of the accused, the accused fraudulently misappropriated the money and cheated the second respondent to the tune of Rs.3,11,96,357/- apart from misappropriating consignment worth Rs.25,73,720/-. Therefore, the complaint was given.

3. On the basis of this complaint, investigation was conducted and four final reports for the period 2011-12, 2012-13, 2013-14 and 2014-15 had been filed against the petitioners. Final reports had been taken cognizance in C.C.No.90 of 2016. Challenging the taking cognizance of the case against the petitioners, this petition is filed for quashing the proceedings.

4. Learned senior counsel for the petitioners submitted that the allegations made in the complaint will not make out a case for criminal prosecution. There may be a cause for filing a civil case. In fact, second respondent filed a civil suit in C.S.No.499 of 2018 on the file of this Court for claiming a sum of Rs.4,18,03,148/- and costs. When a civil suit was already filed claiming money for the transactions alleged in the complaint, prosecuting the criminal case cannot be correct and not legal. Directors of the company are in Mumbai and they have no personal knowledge about the day-to-day affairs of the company and therefore, the case given and First Information Report filed against the Directors of the company is not in accordance with law. There is a delay in giving the complaint. The ingredients for filing final reports for the offences under Sections 406 and 420 IPC are not made out.

5. It is further submitted that petitioners had detained the goods of the second respondent for