Madras High CourtCRL OP/1801/2011allowed

M/S.Young One Corporation v. State By

2016-10-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.1801 of 2011 and M.P.No.1 of 2011 1.M/s Young One Corporation rep by Mr.Moohn Hyun No.171, Manri Dong 2 KA, Chung Gu Seoul, South Korea.

2.Syed Mohamed Buhari Deputy General Manager M/s Young One Corporation Indian Liaison Office No.23, Sree Lakshmi Nagar Nava India Road Coimbatore.

Petitioners vs.

1.State by Inspector of Police Mangalam Police Station Tiruppur Tiruppur District.

2.M/s Cethar Industries Limited rep by its Manager M.Balasubramanian No.10/2 Parappalayam Mangalam, Tiruppur 641 604.

Respondents Criminal Original Petition filed under Section 482, Cr.P.C. to call for the records in Cr.No.546 of 2010 on the file of the 1st respondent and quash the same. For petitioners :

Mr.S.Balasubramanian For R1 :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed to call for the records in Cr.No.546 of 2010 on the file of the 1st respondent and quash the same.

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2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. M/s Cethar Industries Limited filed a petition u/s 156(3) Cr.P.C. before the Judicial Magistrate-II, Tiruppur and based on the directions of the learned Magistrate, the respondent police have registered a case in Cr.No.546 of 2010 on 13.04.2010 u/s 102-B, 420, 408, 384 and 389 IPC r/w 511 IPC against the petitioners herein, challenging which the petitioners are before this Court.

4. On a reading of the complaint it is seen that, the first petitioner is a South Korean Company and the second petitioner is the Deputy General Manager of the first accused Company. According to the complainant, they are engaged in manufacturing readymade knitted garments and the first accused Company placed orders for the supply of 8,736 pieces of readymade knitted garments, which were supplied by the complainant Company. But, the first accused Company had rejected the shipping documents that were sent through the State Bank of India for payment, on the ground of discrepancies found therein. On a reading of the complaint it is evident that a criminal colour has been given to a purely civil commercial transaction.

In the result, this petition is allowed and the FIR in Cr.No.546 of 2010 is hereby quashed. Consequently, connected miscellaneous petition is closed.

gms Sd/- Assistant Registrar (CS- ) /TRUE COPY/ Sub-Assistant Registrar To 1.The Inspector of Police Mangalam Police Station Tiruppur Tiruppur District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P. No.1801 of 2011 KSJ MSI 12/11/2016 https://hcservices.ecourts.gov.in/hcservices/