H. RATNAKUMAR Vs. GOPINATH AND ORS.

JUDGEMENT

(1.) CRIMINAL Original Petition No. 10018 of 2013 has been filed by the petitioner to cancel the bail granted to the first respondent / first accused by the learned XI Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P. No. 1332 of 2013 by order dated 5.4.2013 and commit him to judicial custody.

(2.) CRIMINAL Original Petition No. 10060 of 2013 has been filed by the petitioner to cancel the bail granted to the respondents 1 and 2 / A.2 and A.3 by the learned XI Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P. No. 1176 of 2013 by order dated 19.3.2013 and commit them to judicial custody.

(3.) IT is the case of the prosecution that the petitioner herein and one Hassan Abdul Kadar are the Director and Managing Director of CCS Infotech Limited. The nature of business of their company is sales and service of Computers, Laptops, computer spares and peripherals. A.1 was running a proprietorship concern in the name and style of M/s. Modern Computers. Subsequently, the said firm was converted into a private limited company in the name and style of M/s. Modern Complete IT Store Private Limited along with A.2. A.1 and A.2 approached the petitioner through A.3 on behalf of the company for supply of Laptops, Desktops and Peripherals on credit basis and assured that they would pay the amount on later date. Believing the words, the petitioner company had supplied materials to the value of Rs. 6,61,31,642/ -. Towards part discharge of the outstanding amount, cheques signed by A.1 for a sum of Rs. 5,36,46,267/ - were issued and the same were dishonoured. When the petitioner demanded to settle the liability for the above purchase, A.1 to A.3 had threatened him and also cheated his company. Hence, the petitioner lodged a complaint and the same was registered in Crime No. 42 of 2013 on the file of the respondent police. Thereafter, A.1 to A.3 were arrested and remanded to judicial custody on 25.2.2013. Later, A.1 and A.2 and A.3 filed bail petitions in Crl.P.Nos. 1332 and 1176 of 2013 respectively before the learned XI Metropolitan Magistrate, Saidapet, Chennai and the learned Magistrate granted bail by order dated 5.4.2013 and 19.3.2013 respectively. Now, the present petitions have been filed by the petitioner for cancellation of the bail granted by the learned XI Metropolitan Magistrate, Saidapet, Chennai to A.1 to A.3.