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2023 Supreme(Mad) 2395

SUNDER MOHAN
Sivananda Rajaram, Director NSK Ship Management Pvt. Ltd. , Chennai – Appellant
Versus
New Shipping Kaisha Ship Management Pvt. Ltd. , Represented by its Director, Anitha Nanda, Chennai – Respondent


Advocates appeared:
For the Petitioner:K.M. Aasim Shehzad, for M/s. B.F.S. Legal, Advocates. For the Respondent:A.R. Ramanathan, Advocate.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records in Spl.C.C. No. 2 of 2021 pending before the XVI Additional City Civil Court, Chennai and quash the same against the petitioner herein.)

1. The petition is to quash the complaint filed for the alleged offences under Sections 447 and 452 of the Companies Act, 2013 [hereinafter referred to as ''the Act'' for the sake of convenience] read with Section 415, 403, 405, 408, 425, 378 and 120 of the Indian Penal Code.

2. It is alleged in the complaint that the petitioner was appointed as Marine Manager in the respondent''s company on 09.05.2018; that ever since the appointment, he was incharge of the business operation of the respondent company and he operated the bank account; that he was handed over the laptop along with software and he was aware of all the confidential business information; that the respondent through its parent company in Singapore had an agreement with the company by name ''Daitoh Trading Company Limited, Japan'' [hereinafter referred to as ''Daitoh'' for the sake of convenience] for management of ships; that around June 2020, the petitioner

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