MUTHU NADAR ARUN SANDRON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. H.S. Ahluwalia and Mr. Gurmit Singh Ahluwalia, learned counsel for the petitioners. Also heard Mr. Somya Rai, learned Deputy Government Advocate for respondent No.1 / State.

(2.) The petitioners have filed this petition with following prayer:

(3.) Prosecution story in a nutshell is that a written complaint was lodged by respondent No.2, who is the proprietor of AAA Traders, Lalbagh, Jagdalpur, District Bastar, alleging that during the period from 02/10/2021 to 06/06/2022 he had business dealings with the applicants' firm, namely Arun Trading Point, in respect of trading of Tamarind. As per the complaint, a total quantity of 4359 quintals of Tamarind, valued at approximately Rs.2,30,91,118.00, was supplied and transported from Jagdalpur to Chennai pursuant to the said transactions. It is alleged that against the total outstanding amount, the applicants' firm made payment of only Rs.1,46,00,000.00, leaving a balance sum of Rs.84,91,118.00 unpaid, and thereby dishonestly cheated the complainant. On the basis of the said written complaint, Police Station Kotwali, Jagdalpur registered FIR bearing Crime No. 272/2024 dtd. 22/06/2024 under Ss. 420 and 34 of the IPC against the applicants. Apprehending arrest, the applicants approached the Court of the learned Chief Judicial Magistrate, Jagdalpur in Criminal M.P. No. 255/2024 and were granted anticipatory bail by order dtd. 26/09/2024. Subsequently, the applicants filed Cr.M.P. No. 713/2025 before this Court seeking quashment of the FIR, however, the said petition was disposed of vide order dtd. 24/02/2025 with a direction to the Investigating Officer to complete the investigation and file the police report under Sec. 173(2) CrPC (now Sec. 193(3) of BNSS) expeditiously in accordance with law. In compliance thereof, the police completed the investigation and submitted the final report dtd. 17/03/2025 before the learned Chief Judicial Magistrate, Bastar at Jagdalpur, who vide order dtd. 02/05/2025 took cognizance and registered Criminal Case No. 2156/2025 against the applicants. Thereafter, the applicants again challenged the FIR, charge-sheet, and order taking cognizance by filing Cr.M.P. No. 162/2026 before this Hon'ble Court, which was withdrawn on 21/01/2026 with liberty to file a fresh petition, subject to deposit of cost of Rs.2,000.00, which has already been deposited by the applicants. It is submitted that till date, charges have not been framed against the applicants, and hence, the present petition.