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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. SUNDER MOHAN, J
K.Sivaraj – Appellant
Versus
The State of Tamilnadu – Respondent
| Table of Content |
|---|
| 1. factual basis for impugned fir. (Para 1 , 2) |
| 2. arguments on abuse of process and civil nature. (Para 3 , 4 , 5) |
| 3. details of transactions and payments. (Para 6 , 7) |
| 4. distinction between cheating and breach of trust. (Para 8 , 9 , 12) |
| 5. elements of offences under sections 406 and 420 ipc. (Para 10 , 11) |
| 6. criteria for offences under section 294(b) and section 506(ii) ipc. (Para 13 , 14 , 15) |
| 7. judicial intervention in fir registration. (Para 16 , 17) |
| 8. issues with the fir and judicial oversight. (Para 18 , 19 , 20 , 21) |
| 9. final order to quash the fir. (Para 22) |
ORDER
The petition is to quash the impugned FIR registered for the offences under Sections 296(b), 318(4) 316(2), 351(2) of the B NS (corresponding to 294(b) 420, 405 and 506(ii) of the IPC).
2 (i). The gist of the allegation in the FIR is that M/s.Sivaraj Spinning Mills (P) Ltd., (hereinafter referred to as 'the petitioner company') have a group of companies and among which M/s.Shanmugavel, Spinning Mills Limited had entered into an agreement with the company viz., F.Robin Power Solution Pvt. Ltd., (hereinafter referred to as 'defacto complainant company') in which the defacto complainant is the Manager f
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