B. SIVA KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioners/Accused 1 and 2 in C.C.No.190 of 2014, who are facing trial for offence under Ss. 120(B), 408 and 420 I.P.C. have filed this quash petition. The petitioners along with two other accused are facing prosecution in C.C.No.190 of 2014.

(2.) The gist of the case is that the de-facto complainant/second respondent, who is the Chairman of M/s.Telecare Infrastructures Limited, lodged a complaint with the first respondent, who registered a case in Crime No.6 of 2012 for offence under Ss. 120(B), 408 and 420 I.P.C. on 2/2/2012. Thereafter, on completion of investigation, charge sheet filed before the trial Court on 25/2/2014 and the same was taken on file on 15/4/2014. The de-facto complainant lodged a complaint against the 4 erstwhile Directors of M/s.Telecare Infrastructures Limited, who are the accused in this case.

(3.) The primary contention of the petitioners is that the petitioners and other two accused in this case are the erstwhile Directors of M/s.Telecare Infrastructures Limited. They have been now accused of committing misappropriation and cheating of the company funds, though the Profit and Loss accounts, deliberated in the board meeting and after deliberation the same approved and signed by all Directors including de-facto complainant, the then Chairman. The Profit and Loss account prepared by a qualified Chartered Accountant after verifying the accounts and relevant documents. Now making a turn around, after induction of new Directors, making false allegations as though the petitioners and other erstwhile Directors have misappropriated and cheated the company, is not sustainable. The complaint is made by the Chairman against the former Directors, which is not permissible.