ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No. 12/2019 on the file of 1st respondent police. 2. The petitioners are the accused 1 to 3 in this case. On the complaint given by the second respondent, a case has been registered.

3.The short facts of the case is that the first petitioner was the Managing Director, second petitioner was the Director and the third petitioner was the General Manager of M/S.Aaruthra Milk International Pvt., Ltd'. During the relevant point of time the second respondent, the General manager, Dharmapuri Cooperative Milk Producers Union Limited, Salem Main Road, Krishnagiri was supplying milk to AAVIN Chennai, by virtue of an agreement entered into between the petitioner's company and the second respondent on 03.01.2019 and a letter dated 04.01.2019. The petitioners 1 and 3 would purchase milk from the second respondent, the General Manager, Dharmapuri Cooperative Milk Producers Union Limited, Salem Main Road, Krishnagiri and supply it to the general public through AAVIN. The second respondent has sent a bill to the petitioners towards the cost of milk on various dates and the balance amount as on date of the complaint is Rs. 2,31,12,232.00. Since the amount was not paid despite several demands, a legal notice was sent and subsequently a sum of Rs.50,00,000/- was paid on 25.01.2019 through RTGS and for another sum of Rs.50,00,000/- a cheque dated 01.02.2019 was given. The rest of the cheques issued towards discharge of the balance amount got dishonored. On these allegations the case has been registered against the petitioners for the offence of cheating under Sec.420 IPC.

4.The learned counsel for the petitioners submitted that the second respondent has already initiated criminal proceedings under Sec.138 NI Act for dishonor of cheque and the Registrar of Cooperative Societies has also initiated an enquiry proceedings against the petitioners and the same is pending; under such circumstances, another complaint has been given without getting the final report from the Registrar of Cooperative Societies at the culmination of Sec.81 enquiry; since this complaint is the second complaint and it has been given in a premature manner, the FIR should be quashed.

5.The learned Government Advocate(crl.side) appearing for the first respondent police submitted that there is no bar to initiate criminal proceedings for the offence under Sec.420 IPC for the same transaction which also involves a proceedings under Sec.138 NI Act for dishonor of cheques; the complaint has been given after getting the preliminary report in accordance with Sec.81 enquiry and hence, there is no illegality.

6.The petitioners are purchasing milk from the second respondent cooperative milk society in accordance with an agreement entered into between themselves. Since the outstanding accrued was Rs.2,31,12,232/-, the second respondent demanded to settle the dues. The outstanding due was not denied by the petitioners and in view of discharging the same they issued three cheques. Even though the learned counsel for the petitioners submitted that the milk supplied by the second respondent at some point of time was contaminated and the payment was stopped, it is seen that the cheques have been issued towards discharge of the outstanding without any protest. When the cheques were presented for collection they have been either returned for insufficient funds or stopped by the drawer of the cheque.

7. It is true that the second respondent has also initiated proceedings under Sec.138 NI Act for the offence of dishonor of cheques. Apart from the same, the enquiry officer appointed by the Registrar of Cooperative Societies have also initiated enquiry under Sec.81 of the Tamil Nadu Cooperative Societies Act. The preliminary report was submitted and subsequently the second respondent has given a criminal complaint for the offence of cheating under Sec.420 IPC. It has been held in plethora of judgments that 138 proceedings