SHARON MICHAEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) LEAVE granted.

(2.) APPELLANTS are before us being aggrieved by and dissatisfied with the judgment and order dated 2. 3. 2006 passed by a learned Single of the High court of Judicature at Madras in Criminal Appeal No. 26498 of 2005 dismissing their applications for quashing the summons issued to them in crime No. 32 of 2005 on a complaint filed by one of the partners of M/s. Aarbee Apparels Impex, Tiruppur under Sections 120-B, 409 and 420 of the indian Penal Code (for short, "ipc" ).

(3.) THE buyer company by an email refused to accept the shipment on the premise that on a random checking too many defects disqualifying the goods to be shipped were found and, thus, the goods being sub-standard, were not acceptable. They asked the company to pick up the goods from their warehouse. Respondent No. 2, however, did not make any attempt to re-export the said goods from Germany to India. On or about 18. 3. 2005, it filed a complaint petition with the superintendent of Police, Coimbatore to help it to recover dues from the appellant company. Appellant company, thereafter sent a legal notice to Respondent No. 2 on or about 25/3/2005, inter alia, stating :