SELVAKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in Crime No. 12/2019 on the file of 1st respondent police.

(2.) The petitioners are the accused 1 to 3 in this case. On the complaint given by the second respondent, a case has been registered.

(3.) The short facts of the case is that the first petitioner was the Managing Director, second petitioner was the Director and the third petitioner was the General Manager of M/S.Aaruthra Milk International Pvt., Ltd'. During the relevant point of time the second respondent, the General manager, Dharmapuri Cooperative Milk Producers Union Limited, Salem Main Road, Krishnagiri was supplying milk to AAVIN Chennai, by virtue of an agreement entered into between the petitioner's company and the second respondent on 3/1/2019 and a letter dtd. 4/1/2019. The petitioners 1 and 3 would purchase milk from the second respondent, the General Manager, Dharmapuri Cooperative Milk Producers Union Limited, Salem Main Road, Krishnagiri and supply it to the general public through AAVIN. The second respondent has sent a bill to the petitioners towards the cost of milk on various dates and the balance amount as on date of the complaint is Rs.2,31,12,232.00. Since the amount was not paid despite several demands, a legal notice was sent and subsequently a sum of Rs.50,00,000.00 was paid on 25/1/2019 through RTGS and for another sum of Rs.50,00,000.00 a cheque dtd. 1/2/2019 was given. The rest of the cheques issued towards discharge of the balance amount got dishonored. On these allegations the case has been registered against the petitioners for the offence of cheating under Sec.420 IPC.