Section 482 CrPC empowers the High Court to quash criminal proceedings when they are manifestly attended by mala fide or when the dispute is purely civil, and the mandatory procedure under Section 202 CrPC was ignored.

COMMON ORDER :

G.K. ILANTHIRAIYAN, J.

1.These petitions have been filed to quash the proceedings in C.C.No.2303 of 2023 pending on the file of II Metropolitan Magistrate, Egmore, Chennai and to quash the same and pass orders.

2. Totally there are seven accused in this case. The petitioner in Crl.O.P.No.7241 of 2023 is arrayed as first accused, the petitioner in Crl.O.P.No.7249 of 2023 is arrayed as fifth accused and the petitioner in Crl.O.P.No.7250 of 2023 is arrayed as sixth accused. The respondent filed a private complaint to prosecute the petitioners for the offence under section 403,420,465,468,469,470,499,500(2) r/w 120-B of I.P.C. The respondent is running a business in the name and style of M/s. Spencers Travel Service Ltd for more than 3 decades. While being so, in the month of April 2015, vice president of the M/s. Spencers Travel Service Ltd had offered to purchase the said company for a consideration of Rs.5,75,27,500/-. Based on the mutual agreement, the respondent had entered into the share transfer deed on 10.04.2015 and she had paid the said sum for transfer of 99% share in favour of the respondent. In the year November 2016 when the respondent was undergoing an audit, a lot of irregularities were found. Therefore, they asked their senior I.T. Manager who was associated with the respondent to share all the files and ledgers. Though he promised to share it, on 24.11.2016 he replied that the ITC server got crashed and files need to be recovered. Therefore, the respondent lost 10 years of data, which put the respondent to great difficulty in filing Income Tax return and she was also unable to find out the payments receivables from various vendors and it resulted the company to undergo huge loss. Further the Senior I.T.Manager manipulated and robbed various empty signed documents, letter heads and cheques by creating lot of forged email ID’s in the name of employees and executive members. Therefore, the senior I.T.Manager gave resignation letter and the respondent denied to accept it and sought for proper reply. Thereafter, during the Month of April 2017, he stopped from coming to office. Though the respondent had sent several letters there was no reply and hence the respondent had lodged a complaint before the jurisdictional police on 28.01.2019.

3. Thereafter, the respondent came to understand that a civil case was filed at Kolkatta Civil Court against her for Intellectual Property Right violation. After great difficulties the respondents assessed the documents on 20.12.2022 and she came to know that the entire case was fabricated against truth and that forged documents were obtained through the Senior Manager. They have filed the case relying upon the agreement dated 06.04.2015 which was not entered by her and by forging her signature that too for a sale consideration of Rs.8,75,00,000/- to use the brand name for a period of 3 years for purchasing the entire shares for life time business. In fact the stamp paper of the said agreement itself was purchased on 29.10.2014 which clearly shows the fraud played by them to gain the money in an illegal manner.

4. It was further alleged that the accused had created forged I.D in the name of the respondent family to create communication and had showed their internal transfer of 3 crores as transacted by the respondent and had forged an acknowledgment. When the respondent questioned about the illegal creation of such document, the accused threatened her with dire consequences. Therefore, she lodged a complaint before the Commissioner of Police Chennai. However, all the complaints ended in vain and she lodged a private complaint and the same was