IN THE HIGH COURT OF JUDICATURE AT MADRAS

ORDERS RESERVED ON

02.03.2022

ORDERS PRONOUNCED ON

04.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

CRL.O.P.NOS.15662 OF 2015 AND 16412 OF 2015

AND

M.P.NOS.1 OF 2015 AND 1 OF 2015

CRL.O.P.NO.15662 OF 2015

1. M/s.Virudhunagar S.Vellaisamy Nadar,

Polytechnic College,

Represented by its Principal,

Ramesh Kumar,

Rosalpatti, Virudhunagar.

2. Nagendran,

(Previously) Principal,

Virudhunagar S.Vellaisamy Nadar,

Polytechnic College,

Rosalpatti, Virudhunagar.

... Petitioners/A1 & A2

.Vs.

S.Karthikeyan,

Prop. C.Card Systems,

31, 1^st Floor Bharath Bavan Road,

Mettupalayam – 641 301.

Presently having office at

B10/44, Rubini Apartment,

Venkidasamy Street, Bungalowmedu,

Mettupalayam – 641 301,

Coimbatore District.

... Respondent

PRAYER:-

Crl.O.P.No.15662 of 2015 is filed under Section 482 Cr.P.C.

to call for the records of the case pending in C.C.No.35/15 on

the file of Judicial Magistrate, Mettupalayam and to quash the

same so far as petitioners/A1 and A2 are concerned.

https://hcservices.ecourts.gov.in/hcservices/

CRL.O.P.NO.16412 OF 2015

1.

T.K.S.P.A.Shanmugamoorthy,

S/o.TKSP Arunachala Nadar,

Secretary,

S.Vellaisamy Nadar Polytechnic College,

(previously), Virudhunagar.

2.

Kumaresan, S/o.C.S.Karuppiah,

Public Relationship Officer (previously),

Virudhunagar.

... Petitioners/A3 & A6

.Vs.

S.Karthikeyan,

Prop. C.Card Systems,

31, 1^st Floor Bharath Bavan Road,

Mettupalayam – 641 301.

Presently having office at

B10/44, Rubini Apartment,

Venkidasamy Street, Bungalowmedu,

Mettupalayam – 641 301,

Coimbatore District.

... Respondent

PRAYER:-

Crl.O.P.No.16412 of 2015 is filed under Section 482 Cr.P.C.

to call for the records of the case pending in C.C.No.35/15 on

the file of Judicial Magistrate, Mettupalayam and to quash the

same so far as petitioners/A3 and A6 are concerned.

For Petitioners : Mr.M.Dinesh

In both Crl.O.P's

For Mr.G.Mariappan

For Respondent : Mr.S.Karthikeyan

In both Crl.O.P's

(Party-in-person)

COMMON ORDER

These Criminal Original Petitions have been filed to call

for the records in C.C.No.35/15 on the file of Judicial

Magistrate, Mettupalayam and to quash the same insofar as

petitioners/A1, A2, A3 and A6 are concerned.

2. The complaint in C.C,No.35 of 2015 has been filed under

Section 200 of Cr.P.C., for the offences under Sections 120-B,

https://hcservices.ecourts.gov.in/hcservices/

406, 417 and 420 of IPC. The allegations made in the complaint,

in brief, are as follows:-

The respondent/defacto complainant is running a business of

Civil Engineering Software Equipments and Machineries under the

name and style of “C CAD Systems”. It is dealing with all the

civil engineering testing machineries. First Accused (A1) is a

polytechnic college, second accused (A2) is its Principal, third

accused (A3) is its Secretary. Second and third accused are

jointly responsible for the affairs of management and incharge

of officers of first accused. Fourth accused (A4) is a senior

lecturer in Civil Department. Fifth accused (A5) is Head of the

Department and the Sixth accused is a Public Relation Officer in

the first accused. Fourth accused contacted the respondent for

supply of Torsion Testing Machine 20kg and a microprocessor

based UTM 40 Ton capacity machine for their institution. On

08.05.2010, respondent gave a proposal offer to the first

accused. Accused 2 to 6 personally called the respondent for

final discussion for the purchase of machineries and on

17.12.2020, after elaborate discussion, accused 2 to 6 agreed to

purchase the machineries from the complainant for Rs.9,00,000/-

(Rupees nine lakhs only). On 18.12.2010, third accused sent a

purchase order and on 24.12.2010, he deposited a sum of

Rs.4,50,000/- as advance and assured to pay the balance amount

later. Complainant sent machine foundation drawings to the

first accused in first week of Janu