COMMON ORDER

The Criminal Original Petition in Crl.O.P.No.20360 of 2021 has been filed to quash the complaint in C.C.No.220 of 2021 on the file of the Judicial Magistrate-I, Chengalpattu in so far as the petitioner is concerned.

2. The Criminal Original Petition in Crl.O.P.No.5316 of 2021 has been filed calling for the records of the Impugned First Information Report registered as against the Petitioner herein in Crime No.27 of 2021 on the file of the Kelambakkam Police Station, Kancheepuram District, under Sections 120-B, 465, 468, 469 and 470 of the Indian Penal Code and to quash the same.

3. The Criminal Original Petitions in Crl.O.P.Nos.9745 and 3636 of 2021 have been filed calling for records pertaining to the FIR in Crime No.27 of 2021 on the file of the first respondent and to quash the same.

4. The petitioner in Crl.O.P.Nos.20360 and 5316 of 2021 is one and the same. He is arrayed as 10th accused in C.C.No.220 of 2021 on the file of the Judicial Magistrate-I, Chengalpattu. He is arrayed as 9th accused in Crime No.27 of 2021 on the file of the Inspector of Police, Kelambakkam Police Station, Kancheepuram District. The other petitioners in Crl.O.P.Nos.9745 and 3636 of 2021 are arrayed as A1 and A8 in Crime No.27 of 2021 on the file of the Inspector of Police, Kelambakkam Police Station, Kancheepuram District. In the private complaint as well as the FIR, the allegations of the respondent/defacto complainant are as follows, “3.a. The Complainant was originally working under A2 one P.I.Peter, who was running a company known as “Noni Biotech Private Limited”, as a factory Manager. A1 is also working in the same Company. Since the above company was about to be closed, the defacto complainant and A1 started a company called “Herb Nutra Lab Pvt.Ltd.,” in the year 2017. A2 has entered into a Deed of Assignment to assign the trade mark in favour of the Herb Nutra Lab Pvt. Ltd., As per the agreement between the parties Health Drink has been produced by the Herb Nutra Lab Pvt.Ltd., and the rights have been given to the other company of A2 known as “Wellness Noni Ltd.,” Accordingly, the company was running healthily.

3.b. Due to the difference of opinion and disputes between the Directors and other Director/promoter A1 was carrying out illegal activities including tax evasion, production of adulterated drinks, inside the company premises, misappropriation of funds, inclusion with the employees of the company called “Wellness Noni Limited.” A1 conspired with others and inducted two new persons as directors and removed the name of the defacto Complainant as the Director of the Company bycreating forged and manipulated documents in MCA e-portal with the help of A10 and A9 Chartered Accountant and Company Secretary respectively. Besides when the defacto complainant was not in the office, the documents were also removed by A1. The defacto complainant also came to know that new Director Kokila was inducted in respect of which he has given a complaint before the Sub-Inspector of Police as he has failed to take action. He has also made as Accused No.8. According to the defacto complainant A9 has forwarded Forms to the RoC indicating that Kokila was appointed as Director and the auditor was also filed such documents before Registrar of Companies. The previous complaint given by the defacto complainant pending investigation by the Kelambakkam Police. According to him all the documents submitted to the Registrar of Companies are forged documents. Hence, he filed private complaint.”

5. The defacto complainant lodged a private complaint under Section 200 of Cr.P.C in Crl.M.P.No.1918 of 2020 on the file of the Judicial Magistrate-I, Chengalpattu. The learned Magistrate by an order dated 14.02.2020 directed the Inspector of Police, Kelambakkam Police Station, to investigate the matter and file a final report for proceeding further and report by 08.05.2020. However, the first respondent did not register any FIR. Thereafter, the defacto complainant lodg