SURESH THEKKEDATH Vs. STATE

JUDGEMENT

(1.) Both the Criminal Revision Cases have been filed as against the order dtd. 10/9/2024 passed in Crl.M.P.No.47197 of 2024 on the file of the Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai, thereby directed the first respondent to enquire the complaint and register an FIR.

(2.) The petitioners in Crl.R.C.No.1230 of 2025 are arrayed as A1 to A4 and the petitioners in Crl.R.C.No.1232 of 2025 are arrayed as A5 to A7. The second respondent lodged a complaint alleging that the second respondent and one Srinivasan Ramkumar were erstwhile directors and shareholders of M/s.Cargo International India Private Limited (hereinafter referred to as "the Company"). The Company, through its branch, had also been providing documentation and accounting support for shipments related to import and export, and incurred expenses in that regard. While being so, the first accused unilaterally decided the manner in which the income was to be shared on the volume of business transacted by the respective group companies. The invoices were routed through e-mails, but no invoices were raised in the name of the group companies. The Company received a sum of Rs.4.13 crores. However, the first accused had recorded that the income and expenses pertaining to the group companies were to be treated as 'free' despite the fact that the group companies had rendered various services.

(3.) From the year 2019 to 2024, the Company had adopted such a modus operandi. The second respondent apprehends foul play on the part of the Auditing Firm M/s.Kalyanasundaram and Associates. Further, it is alleged that, losses were also incurred for the handling of shipments to India and Belgium. Though the invoice amounts were credited to the Companies account in abroad, pursuant to the instructions of the first accused, such entries were written off from the accounts of the Company. It has been done primarily to cheat and deceive the shareholders. Out of a total of Rs.5.54 crores, only a sum of Rs.57.00 lakhs was received from the Company at Dubai. Therefore, the first accused, in order to cheat the shareholders, misappropriated a sum of Rs.20,66,516.99, which was earned by the Company. The first accused also received Rs.90.00 lakhs towards his salary from the Company for the period from 2014 to 2018. The first accused had swindled the total sum of Rs.11,79,00,000.00 along with other accused persons. The other accused persons have been aided and abetted by conniving and colluding with the first accused. Therefore, the second respondent lodged a complaint on 17/4/2022 before the first respondent. However, no action was taken and as such, the second respondent lodged another complaint on 22/7/2024 before the Commissioner of Police. Even then, no action was taken and as such, the second respondent had filed a petition under Sec. 156(3) of Cr.P.C, seeking a direction to register an FIR. The said petition was taken on file in Crl.M.P.No.47197 of 2024 and the learned Magistrate, by an order dtd. 10/9/2024, directed to register an FIR.