RATHNAKUMAR Vs. E. NANDAKUMAR

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in C.C. No.799 of 2022 pending on the file of the Chief Judicial Magistrate, Chengalpattu.

(2.) The Respondent lodged a Private Complaint and the same has been taken cognizance for the offence punishable under Ss. 120-B, 341, 342, 384 & 506(1) of IPC, alleging that the Respondent was working as a Senior Executive in the Power Source Division of M/s. Tractors and Farm Equipment Limited (hereinafter referred to as 'the TAFE Limited' for short), Maraimalai Nagar, Chengalpattu, for the past 20 years in a Battery Plant. Even during the Covid-19 Pandemic period, the Respondent carried out all works meticulously as per the directions of Accused 1 & 2 when they were staying in their respective residences. While that being so, on 25/8/2021, the Accused conspired together with common intention to wrongfully confine the Respondent in order to extort a Resignation Letter from him. They also threatened him with dire consequences in order to employ their relatives in the position of the Petitioner. Prior to the said occurrence, there were e-Mail communications and Phone calls to the Respondent, compelling the Respondent under coercion to resign his job. In pursuance of which, he was wrongfully confined by the Accused by inviting the Respondent to Plant No.3's office for some discussion from Plant No.1, where the Respondent is on duty. After having taken cognizance, the Trial Court issued Summons to the Accused.

(3.) The learned Senior Counsel appearing for the Petitioner would submit that there are totally three Accused, in which the Petitioner is arrayed as the First Accused, who is working as Associate Vice President of TAFE Limited, Power Source Division. The Respondent is the former Employee of the TAFE Limited, who had resigned from service on 25/8/2021. He was employed in the designation of Senior Executive in the Power Source Division of the TAFE Limited. Out of his own volition, he had submitted his resignation on 25/8/2021 and the same was duly accepted, and he was relieved from service on the same day. In fact, after resigning from service, he was settled with full and final payment and the same was duly received by the Respondent through Cheque and encashed. After receipt of the entire benefits and his resignation, the Petitioner now comes forward with the Complaint that he was wrongfully restrained and his Resignation Letter was obtained under coercion.