SANJEEV NARULA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THESE petitions have been filed to call for the records pertaining to Crime No. 4 of 2013 on the file of the respondent police and quash the same.

(2.) THOUGH the FIR in this case has been registered on the complaint given by one M.P. Suresh Kumar, there are about 26 victims, all of whom have been cheated to a tune of Rs.32,30,35,220/ - by the accused herein. It is the case of the de facto complainant and the victims that, they are small time manufacturers of hosiery items in Tiruppur. During March 2011, one Aman claiming to be the local Branch Manager of M/s. Lilliput Kidswear Ltd. of New Delhi, placed huge orders with the victims for the manufacture and supply of hosiery items. It was represented by Aman that, Sanjeev Narula [A1/petitioner in Crl.O.P. No. 11359/2013] is the Managing Director of the said Company and that, they have a chain of retail stores throughout India and that the payments will be promptly made. Believing the representation, the local manufacturers despatched the items. After receiving the goods, M/s. Lilliput Kidswear Ltd. did not make any payment to them nor returned the goods.

(3.) MR .D.M. Bhalla, learned counsel submitted that, there is no prima facie case made out in the complaint warranting an investigation by the police, inasmuch as according to the learned counsel, it is purely a civil transaction which has been given a criminal colour for forcing a settlement on the accused. In support of this argument, he relied upon the following judgments of the Hon'ble Supreme Court: