DORAISAMY Vs. STATE

JUDGEMENT

(1.) The petitioners herein are shown as accused in the case registered by the 1st respondent police based on the complaint given by the 2nd respondent, alleging fraud, misappropriation, falsification of records and conspiracy. A private complaint under Section 156(3) of Cr.P.C was presented before the Judicial Magistrate No.III, Coimbatore, same was referred to the 1st respondent by the Court to investigate and file final report. Accordingly, the 1st respondent has registered the complaint in Crime No.29 of 2017 on 23.04.2017. The said complaint is sought to be quashed through this Criminal Original Petition.

(2.) Allegation made in the complaint. The complainant Mr.C.Subramaniam claiming himself as one of the Director of M/s.M.C.Spinners Pvt. Ltd., in his complaint has stated that he and his family members are holders of 50% shares in the said company. Rest of the shares are owned by Mr.R.Doraisamy/1st petitioner, Mrs.Dhanalakshmi/3rd petitioner and their family members to an extent of 25.67%. One Mr.Venkatachalam is holding 9.66% of shares and Mr.Sivaram is holding 14.67% of the shares. The said company was incorporated in the year 2011-2012. The administration of the company was left to the 1st petitioner/Mr.R.Doraisamy who is one of the Directors of the company, from the year 2014. Thereafter, Mr.C.Subramaniam, has indulged in maladministration of the company. Taking advantage of the fact that other Directors are busy involved in their personal business, the 1st petitioner in connivance with the 2nd petitioner/Mr.Ramaraj, Financial Officer, Mr.Dhanalakshmi/3rd petitioner and son-in-law petitioners 4 to 6 have indulged in forgery, criminal breach of trust and cheating. Only when State Bank of India, Commercial Branch, Coimbatore informed the complainant and others Directors about the non-payment of loan, they came to know about the offence committed by the petitioners. It is alleged in the complaint that the fabric stocks worth about Rs.8,32,14,000/- hypothecated to the State Bank of India was removed by the petitioners between 2014 to November 2016, without the knowledge and permission of the bank and other Directors. Based on the said hypotheca, the Bank had advanced Cash Credit Loan Facilities to a tune of Rs.15 crores. By stealthy removing the hypothecated goods, the petitioners have committed breach of trust. Various machineries of M/s.M.C.Spinners Pvt. Ltd worth about Rs.1,89,15,625/- was removed from the mill premises. The Auto Corner machines and 2 numbers of carding machines worth about Rs.1,33,52,888/- were removed by the petitioners and installed in the premises of M/s.Vigneshkumar Spinners (P) Ltd, Palladam owned by Shanmugavadivel/5th petitioner herein. The Transformer worth Rs.17 Lakhs removed from the mill premises and installed in the premises of M/s.Sunrise Knitting Mills (P) Ltd owned by Mr.R.Mahesh/4th petitioner and Mr.Shanmugavadivel/5th respondent. The machineries were hypothecated to the bank. Without the permission of the bank and the Board of Directors, petitioners have removal of machineries and got transferred vehicles in others name by the 1st petitioner in connivance with other petitioners. A duster car, Eicher bus and Eicher goods van which were in the name of M/s.M.C Spinners (P) Ltd, was transferred to the name of Mrs.Dhanalakshmi and M/s.Sunrise Knitting Mills (P) Ltd. Forgery been alleged in transferring the vehicles owned by M/s.M.C.Spinners (P) Ltd. Further, misappropriation of money received for the job work also being alleged against the petitioners. Thus, due to the fraudulent activities of the petitioners, the Company has lost its reputation and goodwill in the business.

(3.) By calculative manner, the petitioners have conspired and committed offence of cheating, forgery, causing loss to the complaint and other Directors to a sum of Rs.18 crores. Since, his complaint to the Inspector of Police, Siruvalur Police Station, Gopichettipalaym, Inspector of Police, Race Course Police Station, Coimbatore and Inspector General, West Zone, Coimbatore were not been considered by these Police Authorities. A written complaint to the Judicial Magistrate under Section 156 (3) of Cr.P.C, requesting the Magistrate to forward the complaint to the Assistant Commissioner of Police, District Crime Branch, Coimbatore and to direct him to appoint appropriate Officer to register the case and to investigate into the matter and report before the Court. Thus, the petition dated 11.04.2007, as per the order of the Judicial Magistrate has been taken for investigation.