MANOJ GOEL AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS Criminal Original Petition is filed by A1 to A3 for quashing the proceedings in Cr. No. 21 of 2013 pending against the petitioners on the file of the first respondent police, arising out of the complaint given by the second respondent de facto complainant.

(2.) THE criminal liability complained of by the second respondent is arising out of three High Seas Sale agreements entered into between M/s. Kalika Cement Limited, which is now known as Aanchal Cement Ltd., having originally the petitioners 1 to 3 as its Directors and presently petitioners 1 and 2 as its Directors and the second respondent company by name Gimpex Ltd., which is recognized as Trading House by the Government of India, carrying on business activities on minerals including mining, minerals processing for value added products, exports, imports and third country merchanting trade. The three High Seas Sale Agreements entered into between the parties are for purchase of Ordinary Portland Cement Clinker (OPCC) for total invoice value of Rs. 29,54,86,859/ - to be discharged and cleared through customs partly at Paradeep port and partly at Haldia port. In pursuance of the agreements, OPCC was received at Indian Ports in two shipments between 22.4.2012 and 10.5.2012 and were cleared by the petitioners company, which sold the same to third party and realised the sale proceeds.

(3.) WITH the above allegations, the complaint came to be filed on 10.9.2012 before the Commissioner of Police and the same was thereafter forwarded to the Central Crime Branch and was received and registered as FIR in Cr. No. 21/2013 on 1.2.2013. In pursuance of the same, the second petitioner was arrested and remanded to judicial custody and was also taken on police custody. In the mean while, other two petitioners 1 and 3 obtained anticipatory bail. Much before the same, the second respondent Gimpex Company made repeated demands to the petitioners company orally and in writing, insisting payment of the amount due to Gimpex Company and there were some payments made by the petitioners' company to the respondent company Gimpex Limited by way of cash and cheques. The petitioners company also filed T.S. No. 1615/2012 before the City civil court, Calcutta against the second respondent/complainant Gimpex Limited for declaring the defendant's demand and claim of Rs. 15 crores as illegal and void and not binding on the petitioners' company and for permanent injunction restraining the defendant from misusing 18 banking instruments for Rs. 50,00,000/ - each drawn on SBI, N.S. Road, Kolkatta of the plaintiff/petitioners' company. The respondent company has also come forward with separate arbitration proceedings for appointment of Advocate Commissioner to take possession of the remaining goods lying in the port trust address and for prohibitory order against the Garnishees/third party buyers restraining and prohibiting each of them from paying any amount to the tune of Rs. 30,00,000/ - to the petitioners' company and for directing the petitioners' company to furnish security and for appointment of arbitrator etc.