TaxTMI 
TaxTMI 
2021 (6) TMI 1000
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....,975/- during the period of 16.06.2015 to 11.09.2015 and paid him the price of Rs. 1,89,78,444/-. According to respondent no. 2, the amount to the tune of Rs. 30,77,431/- towards the price of purchased onion remained unpaid. Respondent no. 2 repeatedly demanded the said amount. On 31.01.2019, respondent no. 2 had been to the office of the applicants situated at Pollachi, District Coimbatore, State of Tamilnadu and demanded the amount. However, the applicants allegedly abused respondent no. 2, threatened him and driven him out from their office. On the basis of these allegations, the aforesaid F.I.R. came to be registered against the applicants for the offence punishable under Sections 420, 323, 504, 506 of IPC. 4. Learned counsel for the applicants submits that the applicants have annexed copies of the complaints filed by respondent no. 2 before the Magistrate under Section 138 of the Negotiable Instruments Act, 1881 against one Mr. Selvakumar s/o Govindaraj, r/o Pollachi, District Coimbatore, Tamilnadu. Learned counsel submits that it has been specifically stated and alleged in the said complaints that said Selvakumar, being the owner and proprietor of the firm name and styled ....
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....e value and accepted in their entirety, the same do not constitute the offence alleged. Learned counsel submits that as per the allegations made in the complaint, the applicants herein have paid the price to the tune of Rs. 1,89,78,444/- out of Rs. 2,20,55,975/- and the balance amount is to the tune of Rs. 30,77,431/-. Learned counsel submits that the allegations made in the complaint itself indicate that there was no intention of cheating right from the inception and thus, this is an attempt of conversion of a civil dispute into a criminal dispute. 6. Learned counsel for respondent no. 2 submits that where the allegations made in the F.I.R. and the evidence collected in support of the same discloses prima facie an offence, then the court is not justified on embarking upon the inquiry as to the reliability or genuineness or otherwise of the allegations made in the F.I.R. Learned counsel submits that it is well settled that the extraneous/defence material cannot be considered while quashing the F.I.R. Learned counsel submits that the said complaint under Section 138 of the Negotiable Instruments Act, 1881 came to be filed against deceased Selvakumar as he was the signatory of the....
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....rial relied upon by the accused is sound, reasonable, and indubitable i.e. the material is of sterling and impeccable quality? 30.2. Step two: whether the material relied upon by the accused would rule out the assertions contained in the charges levelled against the accused i.e. the material is sufficient to reject and overrule the factual assertions contained in the complaint i.e. the material is such as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false? 30.3. Step three: whether the material relied upon by the accused has not been refuted by the prosecution/complainant; and/or the material is such that it cannot be justifiably refuted by the prosecution/complainant? 30.4. Step four: whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice? 30.5. If the answer to all the steps is in the affirmative, the judicial conscience of the High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 CrPC. Such exercise of power, besides doing justice to the accused, would save prec....
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....ocess of any court or otherwise to secure the ends of justice. In para 102(7), the following category is mentioned by the Supreme Court: "Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 14. In the facts of the present case as discussed in detail above, we find that the aforesaid clause in para 102 stands attracted in this case. We are of the opinion that respondent no. 2 has filed the complaint with some ulterior motive and mala fide intention. 15. Even assuming for the sake of discussion that the applicants are connected to the business of the said M/s. Shreejith Traders in some manner and even if we accept the allegations made in the complaint as it is, however, we do not find that the ingredients of cheating stand attracted. It is well settled that in the case of cheating, the intention of cheating right from the inception is important. Respondent no. 2 herein has already instituted the suit for recovery of the amount showing the present applicants as liable for recov....