IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.03.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.16049 of 2024 and Crl.MP.No.9774 of 2024

1.Pankaj Agarwal

2. Ankush Chitlangiya

3. Rahul Sharma ... Petitioners Vs.

1. The State Represented by Inspector of Police, CCB- Tiruppur City, Tiruppur District (Cr.No.31 of 2023)

2. Chetan Chokhani ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings against the petitioner/Accused in Cr.No.31 of 2023 dated

12.12.2023 pending on the file of 1^st respondent police.

For Petitioners : Mr.D.Selvaraju For Respondents : Ms.J.R.Archana Government Advocate (Crl.Side)

for R1 : Mrs.M.Karthiga for R2

O R D E R

This petition has been filed to quash the FIR registered in Cr.No.31 of 2023 on the file of the first respondent.

2. The case of the prosecution is that the defacto complainant is running a business of Yarn Trading at Tiruppur. She is having business relation with the petitioners. Thereby, the defacto complainant has delivered cotton yarn, viscose yarn, viscose fabric, cotton fabric and cotton garments to the following four concerns run by these petitioners 1) TD TEX FAB (Rs.2,16,18,016/-) , 2) Pwalls Overseas Ltd., (Rs.1,75,77,234/-), 3) Rajasthan Impex (Rs.3,10,86,731/-) and 4) JSR Corporation (Rs.3,02,17,903/-) to the tune of Rs.Rs.10,04,99,884/-, out of which, the petitioners have made payments to the tune of Rs.4,64,40,552/- and there is an outstanding payment of Rs.5,40,59,332/- The defacto complainant demanded the outstanding payment, but the petitioners have failed to clear the payment of above mentioned delivery. All these three people have colluded and planned this scam in a very professional manner. The main intention of these people is to only loot people by buying goods at market rate and sell it at lesser rate as compared to the market, so that they can immediately liquidate the goods and enjoy the amount by not paying to their suppliers. Thereby, the petitioners have deceived and cheated the second respondent/defacto complainant. Hence, the second respondent lodged the complaint before the first respondent police. Based on the said complaint dated 12.12.2023, the first respondent has registered an FIR as against the petitioners in Cr.No.31 of 2023 for the offence punishable under Sections 120B, 406 and 420 of IPC.

3. The learned counsel appearing for the petitioners submits that the petitioners are arrayed as A1 to A3 in Cr.No.31 of 2023 for the offences punishable under Sections 120B, 406 and 420 of IPC. For the very same allegation, the second respondent has lodged a complaint before the Inspector of Police, Narpoli Police Station, Bhiwandi, Thane City, Maharashtra on 20.06.2023. Since, no action has been taken by the police as against the accused persons, the second respondent has filed a private complaint under Section 200 of Cr.P.C before the Judicial Magistrate First Class, Court No.10, Bhiwandi, Maharashtra and sought for direction under Section 156(3) of Cr.P.C. However, the learned Judicial Magistrate without forwarding the complaint, directed to take the complaint as regular criminal case and posted the matter for recording evidence for issuing processes. At that juncture, the second respondent has withdrawn the complaint from the learned Judicial Magistrate First Class, Court No.10, Bhiwandi, Maharashtra. Therefore, the learned Judicial Magistrate accepting the requests made by the second respondent passed an order on 16.07.2024 in R.C.C.988 of 2023 that the accused No.1 to 4 were discharged vide Section 245 of Cr.P.C for the offences punishable under Sections 420, 120B r/w 34 of IPC.

4. The learned counsel further submits that suppressing the said fact, once again the second respondent has lodged a complaint before the first respondent and managed to register the FIR in Cr.No.31 of 2023 for the offence under Sections 120B, 406 and 420 of IPC.

5. Th