YASAR ARABATH Vs. MOHAMED SALEEM

JUDGEMENT

(1.) This Criminal Revision is directed against the order passed in Crl.M.P.No. 9018 of 2023, dtd. 5/4/2023, on the file of the Judicial Magistrate Court No.II, Dindigul, in allowing the petition filed under Sec. 102 r/w 457 Cr.P.C.

(2.) On the basis of the complaint lodged by the petitioner, F.I.R. came to be registered in Cr.No.13 of 2023, on the file of the second respondent, dtd. 20/4/2023 against three persons including the first respondent/first accused for the alleged offences under Ss. 406, 420, 120(b) and 506(i) I.P.C. Admittedly, the first accused and his wife - second accused are running a company in the name and style of M/s Bnazrum Agro Exports Private Limited, that the revision petitioner/the defacto complainant is none other than the son-inlaw of the accused 1 and 2 and that the third accused is the General Manager of the said Company.

(3.) The case of the prosecution is that during 2018, the said Company was running in loss, that the accused 1 and 2 approached the defacto complainant and obtained a sum of Rs.6.00 Crores on the assurance that they will register the company and its properties in his name, that the parties entered into an agreement on 19/9/2022 to sell the company for a total sum of Rs.40.00 Crores and out of which, the defacto complainant had to make a payment of Rs.16.5 Crores to the accused 1 and 2 and the balance amount of Rs.23.5 Crores will be paid to the Union Bank for closing the existing loan amount, that as per the said agreement, the accused have received a sum of Rs.6.00 Crores on 19/9/2022 and subsequently Rs.4.50 Crores and executed a share purchase agreement in favour of the defacto complainant, that a Board resolution was also passed appointing the defacto complainant as a Director of the Company, but the same were not filed before the Registrar of Companies stating that the Bank is not providing No Objection Certificate and they have also received a sum of Rs.2.11 Crores for the same, that the accused have also received another sum of Rs.3.00 Crores on various dates and thereafter informed the Bank authorities not to provide No Objection Certificate, that a panchayat was convened between the family members and the accused agreed to pay the total sum of Rs.25.00 Crores for settling the issues and that the accused have been refusing to sell the properties or to return back the agreed amount, but diverted a sum of Rs.1.25 Crores to their personal accounts and that therefore, on the basis of the compliant lodged by the revision petitioner/the defacto complainant, the present F.I.R., came to be registered.