ORDER :

This Criminal Original Petition has been filed to call for the records in C.C. No.1087 of 2021 pending on the file of learned VII Metropolitan Magistrate, George Town, Chennai and to quash the same as against the petitioners.

2. The petitioners are the accused 4 and 5. The first petitioner is employed as a Senior Technical Assistant at the office of the Official Liquidator, High Court, Madras in the department of Ministry of Corporate Affairs, Government of India. The second petitioner is working as a Cashier in the same office. Dr. Charulatha, who is the daughter of the defacto complainant is running a company by name M/s. Universal Security Services situated at No.11, Dhoksha Business Centre, Radha Tech Tower Street, Rajiv Gandhi Salai, OMR Thuraipakkam, Chennai. As she is residing at London with her husband, the management of M/s. Universal Security Services was taken care of her father, who is the de facto complainant herein. As the de facto complainant is aged 65 years, his elder daughter's brother-in-law Praveen Kumar was also assisting the de facto complainant and working in the said company. Dr. Charulatha would come occasionally to India to check the company's account. The transaction of the company is being done in the name of the company in account No.439011009538 at Kotak Mahindra Bank, Nungambakkam Branch. The salary of the employees will be credited in their respective bank account from the company's account.

2.1 After the month of November 2017, no transaction had happened in the company's account and the said Praveen Kumar had not visited the company regularly. So the de facto complainant informed the said fact to his daughter Dr. Charulatha who was at abroad. Dr. Charulatha asked the de facto complainant to check and verify at the office of the Official Liquidator. On enquiry he came to know that Praveen Kumar and his wife Nithya had conspired together and created records and they are conducting the company in the same name (M/s. Universal Security Services) at Plot No.4 & 5, B1 Varnalaya Apartment, Padmavathi Nagar, Puzhal, Chennai-01. When the de facto complainant enquired about the same, the said Praveen Kumar abused him. The de facto complainant went to the original company's premises and checked the documents, he found some of the important documents were stolen and the CCTV Cameras were tampered. Praveen Kumar managed to transfer the company in his own name by creating false records and opened a parallel account in the name of the company in Indian Bank, Vinayagapuram Branch, by making use of the false documents, and enabled it to be operated by him. He had also paid income tax in the name of the company. The petitioners who are working in the office of the Official Liquidator had also played an active role and assisted the petitioner in the said occurrence.

2.2 On the strength of the parallel account opened by him at Indian Bank, Vinayagapuram Branch, the said Praveen Kumar with the help of the petitioners who are working in the office of the Official Liquidator, had diverted the amount due to the second respondent's daughter to the new account opened by him. By opening such a fake parallel account in the name of the company, the amount which is due to be paid to the genuine company got diverted to the said account opened by the first and second accused in the name of the company. By stealing the company's document the accused had misappropriated a sum of Rs.32,00,000/- payable to the original company’s original account. After opening the fake account, A1 to A3 had created a letter in the name of the company and gave it to the office of the Official Liquidator to transfer the money due to the company to the fake account at Indian Bank, Vinayagapuram Branch A/c. No.6565797866. The petitioners knowing pretty well that the fake account has been opened by manipulation and falsification of records and by stealing essential records, have managed to illegally transfer the income of the company to the said