The main legal point established is that the filing of civil complaints does not bar the maintenance of a criminal complaint for the same act, and the same act can give rise to both civil and criminal actions.

JUDGMENT

(Prayer: PETITION under Section 482 of the Criminal Procedure Code to call for the entire records in C.C.No.2150 of 2023 on the file of the learned Metropolitan Magistrate Court (CCB & CBCID), Egmore, Chennai and quash the same.)

1. This criminal original petition has been filed by fourth accused to quash the proceedings in C.C.No.2150 of 2023 on the file of the Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases in Chennai) & CBCID Metro Cases, Egmore, Chennai-8 (for short, the Court below).

2. The case leading to filing of this petition is as follows :

(i) Respondents 2 and 3 lodged a complaint before the first respondent against two companies, the petitioner, who is director of the companies and the other directors on the ground that the complainants were lured to invest in the projects undertaken by the two companies namely accused Nos.1 and 2 and thereby the complainants had parted with huge sums of money to the tune of Rs.13.64 Crores.

(ii) The grievance of the complainants is that the project was never completed by the companies namely accused Nos.1 and 2 and that the complainants were left high and dry. It has been alleged that the complainants were cheated by the accused persons and that the directors of the two companies also committed criminal breach of trust.

(iii) The complaint was taken on file and a first information report came to be registered on 24.1.2022 in Crime No.24 2022 on the file of the first respondent as against six accused persons. The petitioner has been added as the fourth accused in her capacity as the director of the two companies and wife of the third accused.

(iv) Thereafter, accused Nos.1 to 5 filed Crl.O.P.No.17795 of 2022 before this Court seeking to quash the first information report registered in Crime No.24 of 2022 on the file of the first respondent. This Court disposed of the said quash petition by order dated 17.8.2022, the relevant portions of which are extracted as hereunder :

"3. A perusal of the First Information Report indicate that huge amount has been invested under the pretext of construction of two residential flats and the amount has been invested in the year 2017. However, project has not seen the light of the day. According to the petitioner, a sum of Rs.13.64 crores has been invested.

4. It is a clear case of inducement and having lured the parties to invest such a huge amount, the project is not completed and the flats are not handed over. On perusal of the materials on record, this Court is of the view that the matter requires to be probed further.

5. At this stage, the learned counsel for the respondents 2 and 3 would submit that one more chance may be give to the parties to mediate the issue and if in the mediation nothing works out, thereafter, the investigation shall proceed.

6. Considering the nature of dispute between the parties and the fact that the receipt of the amount is not disputed, this Court is of the view that the matter can be referred to mediation and outer time limit for mediation shall fixed as one month and within one month, if the mediation is not fructified, the police is at liberty to proceed with the investigation and file final report as per law.

7. With the consent of both sides, that

i] Mr.N.Kirubakaran, Judge [Retd.], High Court, Madras, residing at No.36, 2nd Cross Street, Rayala Nagar, Ramapuram, Chennai – 600 089, Mobile No.9445025454 is appointed as a Mediator to mediate the matter.

ii] the learned Mediator after issuing notice to the parties for mediation in the first week of September, 2022, is requested to conclude mediation proceedings within a period of one month from the date of first mediation.

iii] the learned Mediator shall fix his fees and the same shall be borne by the parties equally.

8. It is made clear that if nothing f