P.K. BALACHANDRAN Vs. STATE

JUDGEMENT

(1.) Since common issues are involved in these original petitions, they were heard together and they are disposed of by means of this common order.

(2.) Seeking to quash the FIR in Crime No. 53 of 2008 on the file of the 1st respondent police, the petitioners, who are accused in the said case have come up with these original petitions. Shri Amit Mehta, who is the 2nd respondent in Crl. O.P. No.16780 and 4th respondent in Crl. O.P. Nos.18532 and 18534 of 2008, is the de facto complaint in the said case.

(3.) The brief facts of the case would be as follows:- The de facto complainant is the Proprietor of a company known as M/s. Max Chem Pharma. The petitioner in Crl. O.P. No.16780 of 2008, who is A16, and the petitioners 2 & 3 in Crl. O.P. Nos.18532 and 18534 are the Directors of yet another company known as M/s. Pioneer Poultry Feeds and Poultry Products Private Limited, Trichy Road, Pongalur, Coimbatore. It is alleged that the accused company approached the de facto complainant company for purchasing feeds and chemicals for their birds on dates. Accordingly, de facto complainant company supplied the goods on various dates. Towards the said transactions, the accused company have also issued cheques on various dates. But, later on, the accused company closed the bank account. In the said transaction, a sum of Rs.20,28,500/- was due from the accused company. The accused company, more particularly, the accused, who are Directors of the accused company have failed to repay the said amount. This, according to the de facto complainant company amounts to offences punishable under Sections 120(B), 419, 420 r/w 34 of IPC. On this complaint, the present case has been registered. Seeking to quash this FIR, the petitioners, who are accused in the case in Crime No. 53 of 2008 on the file of City Crime Branch, Coimbatore, are before this court with the original petitions in Crl.O.P. No.16780 and 18532 of 2008. The petitioners in Crl.O.P. No.18534 of 2008 have come up seeking to consolidate all the complaints that have already been received and those which may be received against the petitioner in respect of non-payment of money for supplies effected to it in Crime No. 53 of 2008 on the file of the 1st respondent.