SUNBRIGHT FASHIONS INDIA PVT. LTD. Vs. BODHI ORGANIZATIONAL AND PEOPLE DEVELOPMENT CONSULTANTS PRIVATE LTD.

JUDGEMENT

(1.) This petition is filed by the accused to quash the proceedings in CC. No. 4366/2013 pending on the file of the 9th Metropolitan Magistrate, Saidapet, Chennai, arising out of the private complaint filed by the respondent herein for the offences under sections 403, 405 r/w 406, 415 r/w 417 and 416 r/w 419 IPC. The allegations raised in the private complaint are that the respondent was originally tenant under the first petitioner company for the total monthly rent of Rs. 1,50,337/- (Rs. 1,44,625/- towards monthly rent + Rs. 5,712/- towards common area rent). The respondent has also paid Rs. 14,46,250/- as interest free security deposit by way of cheques and the property was sold by the accused to one Dr. Janakiraman vide sale deed dated 25.4.2011 without informing the respondent/complainant about the same and the accused remained silent about the sale of the rented premises and did not return the interest free security deposit and other expenses incurred by the complainant to the tune of Rs. 21,58,085/- and the rent received by the accused for the subsequent period. The failure to inform about the sale and the failure to return the security deposit and other expenses and receipt of rent after sale, on the part of the accused, would amount to malafide act, causing wrongful loss to the complainant and wrongful gain to the accused. In short, the accused are charged for the offences as stated above only for their failure to inform the tenant about the sale of the rented premises to third party.

(2.) According to the complainant, there was an intention to deceive the complainant, on the part of the accused by non disclosure of the facts as stated above and by non-return of the security deposit and that, by such non-disclosure, the accused induced the complainant to part with the rent amount, even after the sale of the property.

(3.) Whereas, the petitioners/accused, in support of their contention that there is no such deliberate non-disclosure and non-payment of security deposit amount and the issue arises for consideration herein is the issue involved in O.S. Nos.6848/2011 and 2183/2014 and the same is more of civil in nature and no criminal liability can be fastened on the petitioners herein, produced the following documents: (i) copy of the exchange of letters between the parties during June 2011; (ii) copy of the affidavit filed in I.A. No. 14487/2011 in O.S. No. 6848 of 2011 dated 5.9.2011; (iii) copy of the judgment and decree made in O.S. No. 6848/2011 dated 6.3.2013 and (iv)copy of the plaint in O.S. No. 2183/2014 dated 14.4.2014, by way of additional typed set of papers dated 9.9.2014.