ORDER

The petition has been filed to call for the records in Crime No.151 of 2018 on the file of the Inspector of Police, N-3 Muthialpet Police Station, Chennai and quash the FIR.

2. The brief facts of the case are as follows:

The first petitioner is the Managing Director of the Babna Pharmaceuticals and the second petitioner is the son of the first petitioner. Based upon the complaint given by the second respondent, the first respondent Police registered an FIR against the petitioners herein under Sections 406 and 420 of IPC in Crime No.151 of 2018. In the complaint, second respondent alleged that in the year 2013, as per the instructions of the petitioners, he had arranged tour for Doctors to Combodia for study and research, and for that, petitioners made full payment through cheque. Further, at the request of the petitioners, the second respondent arraged tour to Srilanka for 43 members at the cost of Rs.23,48,213/- and paid a sum of Rs.11,38,500 on various installments to the second respondent and assured to give remaining Rs.12,09,713/- within a period of two months. Apart from that, the second respondent arranged a tour for the first petitioner at his request to Srilanka in September 2013, for which also he failed to pay a sum of Rs.1,16,891/- to the second respondent, thereby, the petitioners are liable to pay a sum of Rs.13,26,604/- due as of September 2013 and the same was not paid by the petitioners with on intention to cheat the second respondent.

Hence, the complaint.

3. The learned counsel for the petitioners contended that the alleged dues are as on September 2013, but the complaint was lodged only in the year of 2018, and as such, it is not maintainable. Further, the second respondent has not yet issued any notice with regard to the non-payment of dues. In fact, neither the petitioners, nor the petitioner's Company have any arrears in re-payment of dues in respect of alleged business transaction during the year of 2013. The second petitioner has nothing to do with business of A1 and he is unnecessarily implicated in this proceedings. Further, he submitted that the criminal colour has been given to this case, which is civil in nature and the complaint was filed in the present case only to recover alleged time barred dues. Accordingly, it is abuse of process of law and under threat of arrest, the respondents are trying to force the petitioner to pay the dues. He is not leagally liable to be paid, and apart from that the contents of the complaint will not attract Sections 406 and 420 of IPC and there is no breach of trust and cheating. Hence, he prayed for quash the FIR.

4. The learned Additional Public Prosecutor appearing for the first respondent submitted that, considering the prime facie materials, the first respondent lodged the FIR against the petitioners and after completion of the investigation, final report is yet to be filed. Further, he stated that the petitioners are not entitled to file the present petition in the intial stage even before the filing of the final report. Hence, he prayed to dismiss the peition as devoid of merits.

5. The learned counsel for the second respondent, on instructions submitted that the second respondent is running a Company namely "SAKTHI TOURS" for more than 25 years and the petitioners approached him in the year 2013 and requested to arrange the tour for the Doctors to Combodia, and for that the petitioners agreed to pay the amount through cheque. Thereafter, he arranged tour to Srilanka for 43 members at the expense of Rs.23,48,213/- and the petitioners paid a sum of Rs.11,38,500/- as advance through cheque. After completion of the tour he demaneded to pay the balance amount of Rs.12,09,713/- and the petitioners promised to pay the above said amount within a period of two months. Again, the second respondent arranged tour for the first petitioner to Sri Lanka, and for that also, he failed to pay Rs.1,16,891/-. Thereafter, the petitioners evaded and even refused to attend the