SHYAM KUMAR SHRIVASTAVA Vs. STATE

JUDGEMENT

(1.) THE petition is filed seeking quashment of the criminal proceedings in Crime No. 401 of 2007 on the file of the Sub Inspector of Police, Central Crime Branch/i, Egmore, Chennai.

(2.) PETITIONERS 1 to 4 are the Directors of M/s. Deccan Minerals Private Limited. Petitioners 5 and 6 are the Directors of M/s. Vidarbha Mining Private Limited and Goldstar Metal Solutions Private Limited.

(3.) THE private complaint given by the second respondent referred under section 156 (3) of the Code of Criminal Procedure by the XIV Metropolitan Magistrate, Egmore, Chennai and registered in Crime No. 401 of 2007 would read as follows:-During the month of September 2004, A1 to A3 approached the complainant and represented that they were owners of certain mines and they intended to lease out the said mines to the second respondent for raising iron ore and selling the same. Believing the representation of the accused to be true, the complainant and the accused entered into an agreement on 1. 10. 2004 for development of the mines and sales of the iron ores from the said mines in collaboration with the accused company by name Deccan Minerals Private Limited. The complainant paid a sum of Rs. 1,75,00,000/= on 23. 9. 2004 and Rs. 25,00,000/= on 15. 12. 2004 to the accused company as security deposit and irrevocable power of attorney was given for ten years to the complainant company on 15. 12. 2004 by the accused company. The complainant started extracting iron ore from the above mines by engaging workers, having invested a total sum of Rs. 8,00,00,000/= for extracting and raising iron ore. Within a short span of time, the accused started giving trouble to the complainant by preventing the complainant from extracting iron ore from the said mines. A memorandum of understanding was entered into between the accused and the complainant on 5. 9. 2005. But, the complainant, all of a sudden on 13. 1. 2007, with an evil intention to cheat and defraud the complainant, obstructed the mining operation carried on by the complainant, with the help of goondas. Though the complainant questioned the illegal activities of the accused, A2 to A6 came down to the company of the complainant on 7. 4. 2007 and threatened the complainant that they would do away with the life of the complainant. All the accused, with an evil intention to defraud and cheat the complainant, induced the complainant to part with huge money and committed criminal breach of trust. They have committed offences punishable under sections 406, 420 and 506 (ii) of the Indian Penal Code.