Uma Maheswari v. The State Rep By, The Inspector Of Police

CRL OP NO. 20656 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-08-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP NO. 20656 of 2025 Uma Maheswari W/O M.Boopathy, 24/11, Ramalakshmi Nagar, Civil Aerodrome (PO), Coimbatore - 641014.

Petitioner(s) Vs The State Rep By, The Inspector Of Police C4, Rathinapuri Police Station, Coimbatore. Crime No.274 of 2025.

Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.274 of 2025 on the file of the respondent.

For Petitioner(s):

Mr.D.Rajagopal For Respondent(s):

M/s.R. Vinothraja Ga (crl. Side) Mr.D. Sai Kumaran For Intervener

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.06.2025, for the offence punishable under Section 316 (5), 318 (4) of BNS Act, in Crime No.274 of 2025, registered on the file of the respondent, seeks bail.

2.The case of the prosecution is that, the petitioner is the proprietor of M/s.Sri Saravana Company, located at Rathinapuri,Coimbatore. She used to purchase scrap materials from the defacto-complainant's company namely M/s.Sabari and Co.,. and pay the bill amounts for such purchases. In continuation of these transactions, she purchased scrap materials from the defacto-complainant's company for a total sum of Rs.1,32,42,057/- through bills dated from 23.03.2024 to 08.10.2024. After receiving the scrap materials, she paid a sum of Rs.63,20,764/- leaving a balance amount of Rs.69,21,293/- unpaid. When the defactocomplainant requested payment of the balance amount, on 14.11.2024, the petitioner came to the defacto-complainant's company and issued cheque No.3137343 instructing the defactocomplainant to deposit the cheque on 09.12.

2024 to the receive the payment without any hindrance. However, when the defacto-complainant deposited the cheque on 10.12.2024, it was returned with the remark "Payment stopped by the drawer". Hence, the case. 3.The contention of the petitioner is that she was regularly settling the amount for the purchases with the defacto-complainant. Due to some financial crisis, the petitioner was unable to settle the amount in the specified time. The defacto-complainant threatened the petitioner to settle the amount. Even before the registration of case, petitioner was served with a summons to appear before the respondent Police. Accordingly, she appeared before the respondent Police and there she was forced to give an assurance letter dated 28.05.2025.

Out of total consideration of Rs.1,32,42,057/- petitioner had already paid Rs.63,20,764/-. Hence, prayed for grant of bail.

4.The learned Government Advocate (Criminal side) submitted that the petitioner had not denied the receipt of the scrap materials worth Rs.1,32,42,057/- from the defactocomplainant. However, the petitioner had settled only a sum of Rs.63,20,764/- and the remaining amount of Rs.69,21,293/- is yet to be paid. The investigation in this case is not yet complete and the scrap materials are yet to be seized. Hence, strongly opposed for grant of bail to petitioner.

5.The learned counsel for the intervenor submitted that the petitioner has not denied the business relationship with the defacto-complainant nor the receipt of scrap materials worth Rs.1,32,42,000/-. However, she had paid less than 50% of the value of the scrap materials and the remaining scrap materials was sold to third parties, from whom she received the money and misappropriated the same. In order to cheat the defacto-complainant, she also issued cheque for a sum of Rs.25,00,000/- which was returned with endorsement "payment stopped by the drawer". Hence, the learned counsel strongly opposed for grant of bail to the petitioner.

6.Heard the learned counsels and perused the materials on record.

7.Considering the nature of offence, the fact that investigation has not been completed and the scrap material is yet to be identified and seized, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 05-08-2025 ep M. NIRMAL KUMAR, J.

ep

To

1. The State Rep By, The Inspector Of Police C4, Rathinapuri Police Station, Coimbatore.

Crime No.274 of 2025.

CRL OP NO. 20656 of 2025 05-08-2025