The main legal point established in the judgment is the need for a full-fledged trial to examine complex financial transactions and allegations of document manipulation, emphasizing the applicability of Section 482 of the Code of Criminal Procedure and the guidelines for quashing FIR and charge sheet.

JUDGMENT

(Prayer:Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records pertaining to the case in C.C.No.2416 of 2019 on the file of the learned Judicial Magistrate No.II, Trichy and quash the same as illegal as far as the petitioner is concerned.)

1. This petition is filed to quash the charge sheet in C.C.No.2416 of 2019 on the file of the learned Judicial Magistrate No.II, Trichy.

2. According to the petitioner, the respondent police had registered a case in Crime No.47 of 2018 for the offence under Section 465, 468, 471, 406, 420 and 506(i) of IPC as against the petitioner and one Ramasubramanian @ Ravi dated 06.03.2018. Thereafter, the respondent police had completed the investigation and filed a charge sheet before the learned Judicial Magistrate No.II, Trichy and the same was taken on file as C.C.No.2416 of 2019 for the offences punishable under Sections 465, 468, 406 and 420 of IPC. In the said charge sheet, the petitioner was arrayed as A1 and there is no specific allegations as against the petitioner. Hence, the petitioner filed this petition to quash the charge sheet.

3. In fact the petitioner is running a company in the name and style of S.J.Engineers Renevable Energy Private Limited, Madurai and the defacto complainant''s company namely Shankar Abodes Solar Private Limited engaged with the petitioner to put up two Mega Watt (2MW) solar power generation unit in his land in Hiraniyamangalam and Sivayam Village in Kulithalai Taluk, Karur district and thereafter, the petitioner''s company and the defacto complainant''s company entered into an agreement dated 10.02.2017. As per agreement, the defacto complainant''s company agreed to pay Rs.11 Crores for setting up the solar power unit and the petitioner received Rs.3 Crores from the defacto complainant''s company to import solar panels from foreign countries. Thereafter, entire solar panels and other machineries were erected in the defacto complainant''s land worth about Rs.8.4 Crores. But the defacto complainant''s company has violated the agreement and continued the work with some other company.

4. The actual fact of the case was that as on 31.07.2018, the defacto complainant''s company has paid Rs.6,58,29,123/- to the petitioner''s company and remaining amount has not been paid by them and swindled the petitioner''s raw materials worth about Rs.60 Lakhs and when the same was questioned by the petitioner, the defacto complainant threatened the petitioner with dire consequences and refused to return the balance amount and other materials. Hence, the petitioner has preferred a complaint to the first respondent and a case in Crime No.13 of 2019 dated 13.08.2019 was registered for the offence under Sections 406, 420 and 506(i) of IPC. In the meanwhile, the defacto complainant suppressed the above said facts and preferred a false complaint against the petitioner and registered the said case. The petitioner also filed a direction petition in Crl.O.P.(MD)No.14422 of 2019 to transfer the investigation of the said Crime No.13 of 2019 on the file of the Inspector of Police, Karur to the CBCID, Chennai and the same was disposed of on 24.10.2019. In the meanwhile, the respondent police hurriedly filed the charge sheet before the trial Court.

5. As far as the charges against the petitioner are concerned, there are no materials to constitute such offence. The entire case itself activated by malice and it should not be permitted to stand. Hence, the charge sheet is liable to be quashed.

6. The second respondent has filed counter alleging that the petitioner has suppressed the true facts and approached this Court with unclean hands. The petitioner and the second respondent entered into agreement dated 10.02.2017 for business purpose and agreed to pay Rs.11.20 Crores for setting up solar power unit. The petitioner, Director of S.J. Engineers Reneveable Energy Private Limited, Madurai had indulged in criminal activities