ORDER

This Criminal Original Petition is filed to quash the criminal complaint registered on 02.10.2018 in Crime No.517 of 2018 by the Vadapalani Police Station, Chennai.

2. The First Information Report which reads as under:-

The de facto complainant running a business in Aqua Water under the name and style of “Arunachalam Aqua Industries”. The 1st petitioner dealing in machineries to Aqua plant has been supplying machineries to the de facto complainant since 2010 receiving payment in advance. Between the year 2014- 2015, the de facto complainant had advanced Rs.13,86,000/- for supply of machineries. The 1st petitioner did not supply the machineries but closed his industry in the year 2016. When the de facto complainant repeatedly insisting for payment of money, the petitioners came to the house of the de facto complainant on 01.10.2018 at about 7.00 p.m., and gave life threat to him. Therefore, for cheating, breach of trust and criminal intimidation, the impugned complaint has been registered.

3. The learned counsel appearing for the petitioners would submit that since 2010, the 1st petitioner herein has been supplying machineries for the Aqua Plants to the de facto complainant. In the year 2014, before closing the industry, accounts were settled and a sum of Rs.13,86,000/- was returned to the de facto complainant by way of three cheques as under:-

S.No.	Cheque No.	Cheque Amt	Cheque Date	Bank Name	Bank Branch
1.	521690	Rs.3,00,000/-	29.12.2014	IndusInd Bank Madipakkam
2.	521691	Rs.6,00,000/-	30.01.2015	IndusInd Bank Madipakkam
3.	521692	Rs.4,86,000/-	20.02.2015	IndusInd Bank Madipakkam

But for some reasons, except the first cheque, the other two cheques got bounced, for which, the de facto complainant issued statutory notice and the matter was amicably settled between the parties and there is no further proceedings initiated in respect of other two cheques for Rs.6,00,000/- and Rs.4,86,000/- respectively. Thus, the entire transaction between them got settled during the month of April 2015. While so, suppressing the said fact, First Information Report registered based on the complaint lodged in the year 2018, complaint admitting the money transaction took place in the year 2014-2015. It is a malicious prosecution to harass the petitioners, hence liable to be quashed.

4. The learned counsel for the 2nd respondent/de facto complainant has filed a counter, wherein, it is stated that the 1st petitioner promised to supply water filling machine received Rs.13,86,000/-, but failed to supply machineries. In the year 2014, the company run by the 1st petitioner has took over by his wife, the 2nd petitioner herein and she promised to repay the money received by her husband. On repeated demand, three cheques were given, out of which, only one cheque for Rs.3,00,000/- was honoured. The other two cheques totally for a sum of Rs.10,86,000/- could not be realized. In the said circumstances, since the petitioners were repeatedly dodging and evading the payment of money, repayment of the money entrusted to cheat the de facto complainant from the inception has been clearly made out to be tried for offence under Section 406 I.P.C., (criminal breach of trust) and Section 420 I.P.C., (cheating). When the de facto complainant was repeatedly insisting for payment of money, the petitioners came to the house of the de facto complainant and threatened him with dire consequence, hence offence under Section 506(i) I.P.C., is made out.

5. The learned Government Advocate (Crl.Side) appearing for the State would submit that it is a case registered on the complaint alleging criminal breach of trust, cheating and criminal intimidation. The facts are to be enquired and whatever defence alleged by the petitioners/accused herein will be considered in the course of investigation. Since the petitioners have not participated in the investigation, police has not proceeded further to verify the veracity of the complaint. Since prima facie case has been made o

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