G.RAMYA GANDHI Vs. STATE

JUDGEMENT

(1.) Criminal Original Petitions have been filed to quash the proceedings in C.C.No.81 of 2017, on the file of the District Munsif-cum-Judicial Magistrate Court, Sriperumbudur.

(2.) The gist of the case is that the defacto complainant Surendar, Planning Manager of M/s.EAP Infrastructure Private Limited, Chrompet, Chennai lodged a complaint against the petitioners on 11/4/2015 to the respondent Police. On receipt of the complaint, the respondent Police registered an FIR in Crime No.527 of 2015, for offence under Ss. 406 and 420 IPC against the petitioners/A1 to A4 on 28/4/2015. The complaint is that M/s.Rays Concrete Private Limited, Seneerkuppam Village, Chennai was entrusted with the work for supply of readymade concrete mix by using river sand for construction of building at Thirumudivakkam. The petitioners, who are Managing Director, Assistant Manager, General Manager and Sales Executive of M/s.Rays Concrete Private Limited approached the defacto complainant seeking contract for supply of readymade concrete mix by using river sand, after negotiation, a purchase order, dtd. 18/3/2015 was issued for supply of readymade mix concrete by using river sand. In the purchase order, it is specifically mentioned that the readymade concrete mix is by using river sand, based on which, the contract was entrusted with the petitioners and and purchase order was issued by the defacto complainant. Thereafter, the readymade concrete mix was supplied by the petitioners to the defacto complainant. In order to verify the quality of the supplied concrete mix, a test was conducted. It was found that the readymade concrete mix contained no river sand, instead it was prepared by using M-Sand. The quality of the readymade concrete mix was not as per specification, which was not accepted by the defacto complainant.

(3.) On receipt of the complaint from the defacto complainant, the respondent Police registered a case in Crime No.527 of 2015, visited the scene of occurrence, prepared mahazars, collected materials and examined the witnesses. LW9 took up further investigation, completed the same and filed the charge sheet before the trial Court listing LW1 to LW9 as witnesses and annexing documents. On perusal of the same, the trial Court took the case on file finding prima facie case against the petitioners in C.C.No.81 of 2017, against which, the present Criminal Original Petitions filed.