O R D E R

This Criminal Original Petition is filed to quash C.C.No.564 of

2022, pending on the file of Judicial Magistrate - I, Alandur, is filed by the first accused.

2. The quash petition is filed on the ground of maintainability and lack of territorial jurisdiction.

3. According to the petitioners/accused, under the cloak of criminality to a matter purely civil and commercial in nature, the final report on the complaint dated 23.04.2009 registered in F.I.R No.341 of 2009, erroneously and belatedly taken on file by the Learned Judicial Magistrate-I, Alandur, in C.C.No.564 of 2022 against petitioners as the Proprietor of M/s.Empire Minerals & Transports (Wound up in the year 2012) as first accused and M/s.Empire Minerals & Transports as second accused.

4. The 1st petitioner as sole Proprietor was carrying on business in the name of M/s.Empire Minerals & Transport. He was involved in buying and selling iron ore within India. The business was wound up in the year 2012 due to financial losses and hardships faced. M/s.Steel Overseas Private Limited and his firm entered into five agreements from 28/11/2008 to 05/01/2009 with regard to supply of iron ore. Though the iron ore supplied as agreed under agreements 1 to 4, the defacto complainant committed breach in payment. Hence, 5th agreement not acted upon. In this connection, the defacto complainant has filed Civil Suit in Calcutta High Court and same is pending as C.S.No.126 of 2012. During the investigation, the petitioner had submitted all original documents to the first respondent, to show it is purely a civil dispute arising from sale of goods and as a matter of fact, he had supplied iron ore as per agreement, but the complainant without paying the balance amount had cheated him. However, suppressing the true fact the second respondent had given the complaint as if, the petitioner had cheated him to a tune of Rs.11,90,18,978/-. Without considering the documents produced by the petitioner during the investigation, which will prove the actual supply and payment, the final report has been filed.

5. Further, the Learned Counsel for the petitioners also submitted that apart from the civil suit in C.S.No.126/2012 on the file of High Court of Calcutta, the defacto complainant also initiated Arbitration proceedings for the same transaction before the High Court, Madras and later, withdrawn it as settled. After reporting settlement a sum of Rs.2,50,00,000/- paid to the defacto complainant. While so, apart from a money suit and cheque bounce case, the complaint dated 23/04/2009 given to the Commissioner of Police, F.I.R in Crime No.341/2009 registered on 23/04/2009. Kept dormant for nearly more than 13 years is activated after unsuccessful in his attempt to get remedy through civil Court. The criminal complaint of cheating lodged long ago on very same facts, been activated with malafide intention to harass the petitioner to achieve, what the complainant could not achieve through the civil suits and other proceedings like cheque bounce case and arbitration proceedings.

6. Secondly, it is submitted that the complainant is a Company registered at Orissa. It mainly operates from Calcutta. The iron ore were delivered at port of Krishnapatnam, Andhra Pradesh. The terms of agreement provides an arbitration clause, which says, in case of dispute or claims arising out of agreement, the place of arbitration is agreed to be Calcutta. While so, the criminal complaint at Chennai is to be quashed for want of jurisdiction. In the absence of cause of action within the territorial jurisdiction of Alandur, the Judicial Magistrate-I, Alandur, lacks jurisdiction to try the complaint.

7. The Learned Counsel appearing for the second respondent submitted that, the criminality in this case is not a simple breach of contract, but misrepresentation dishonestly to cheat the complainant to a tune of Rs.11 crores by inducing him to part away money. The petitioner impressed upon the complainant and dishonestly induced by m