Crl.O.P.No.27506 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

Crl.O.P.No.27506 of 2018

and

Crl.M.P.Nos.15865 of 2018

M/s.Dharani Sugar Mills, Unit-II

Rep. by Chairman, Mr.Palani G.Periasamy,

Karaipoondi Village, Polur Taluk,

T.V.Malai District.

.. Petitioner

Vs.

Farmer Progressive Sangam,

Rep. by it's Secretary,

Mr.P.Subarmani, Aged 70 years,

Bahadur Street, Polur Town,

Thiruvannamallai District.

.. Respondent

PRAYER : This Criminal Original Petition is filed under Section 482 of

Cr.P.C., to call for the records of Crl.R.C.No.11 of 2015 on the file of the

learned Principal District and Sessions Judge, Thiruvannamalai and to

examine the same and to set aside the order passed in Crl.R.C.No.11 of 2015

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Crl.O.P.No.27506 of 2018

on 08.10.2018 and to restore the order passed by the learned Judicial

Magistrate, Polur in Crl.M.P.No.1725 of 2015 dated 05.05.2015.

For Petitioner

: Mr.J.Elanjchezhian

for Mr.G.Prabhakaran

For Respondent

: Mr.Adithya Varadarajan

ORDER

The Petitioner/Accused in C.C.No.96 of 2008 filed CMP.No.1725

of 2015 under Section 305 of Cr.P.C., before the trial Court and the trial

Court allowed the Petition, substituting the Petitioner Mr.Palani G.Periasamy,

Chairman of Sugar Mill by one Mr.Kanthasamy, who is General Manager.

Against the said order the Complainant filed Revision before the Principal

District and Sessions Court, Thiruvannamalai in Crl.RC.No.11 of 2015, and

learned Principal District and Sessions Judge, by order dated 08.10.2018 set

aside the order of substitution made by the trial Court. Against which the

present Petition is filed.

2.The Respondent filed a private complaint against M/s.Dharani

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Crl.O.P.No.27506 of 2018

Sugar Mills, Rep. by Chairman, Mr.Palani G.Periasamy. As per the direction

of the Government of Tamil Nadu, the Director of Sugars by his letter dated

28.12.1995 stipulated transport tariff charges during the crushing seasons

between 01.02.1995 and 30.09.1996 to be deducted for metric ton for 20 kms

alone. The accused company instead of Rs.20/- deducted Rs.34/- per metric

ton for 20 kms. In pursuant to the above, the Sugar Mill issued a transport

tariff schedule dated 18.07.1996 during the crushing season year 01.02.1995

to 30.09.1996 decided to deduct at Rs.34/- per metric ton for 20 kms radius,

for rest of the kilometers, the said Sugar Mill to bear the tariff cost. Contrary

to the same, accused deducted the tariff of Rs.41.50/- per metric ton for 20

kms radius. Hence, misappropriation has been committed.

3.Initially a police complaint was lodged in Cr.No.321 of 2002,

under Section 409 IPC before the Kalasapakkam Police Station. The case

was referred as mistake of fact and R.C.S. was referred before the Court in

RCS.No.20/05. Having no other option, for the misappropriation committed

by the Sugar Mill, the complainant filed a private complaint and hence the

Petitioner filed a quash Petition in Crl.OP.No.10324 of 2018. This Court by

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Crl.O.P.No.27506 of 2018

order dated 30.10.2014 dismissed the quash Petition. At that time, apart from

other grounds, it was contended by the Petitioner to substitute the chairman

by General Manger. This Court by order dated 30.10.2014 observed that the

Petitioner to approach the trial Court for the same. Thereafter, they

approached the trial Court and consequent orders have been passed.

4.The specific case of the Respondent/Complainant is that the Sugar

Mill committed the offence of misappropriation. Further it is not in dispute

that the Sugar Mill was managed by professionals and technocrats, who are

assigned specific duties and responsibilities. The Petitioner being a Chairman

of the said company and other companies, involved in various businesses. As

a Chairman, he would chair the boa