KARTHIKEYAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioners have filed this criminal original petition for quashing the FIR in Crime No.44 of 2009 on the file of the Inspector of Police, District Crime Branch, Palayamkottai, Tirunelveli District. The said case was registered at the instance of the second respondent herein for the offences under Sections 406, 420 and 506(ii) IPC.

(2.) The case of the defacto complainant is that they had supplied 22000 quintals of paddy rice based on the invoice raised by the first petitioner herein namely, Karthikeyan. The defacto complainant had sourced the materials from various parts of the country and transported the same through railway wagons. The paddy bags were transported to the rice mill owned by the first petitioner herein in a number of trucks.

(3.) The case of the first petitioner is that the paddy supplied by the second respondent was not as per the sample and that he had rejected the same. There was an exchange of correspondence between the parties. FIR itself came to be lodged only on 15.07.2009 though the cause of action according to the defacto complainant arose some eight months prior thereto. The second respondent had also filed C.S No.805 of 2009 on the Original Side of the Madras High Court seeking recovery of the amount from the first petitioner herein. The first petitioner had admittedly paid a sum of Rs.37.00 lakhs as advance amount.