TaxTMI 
TaxTMI 
2021 (6) TMI 1078
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....Ganesan / defacto complainant, son of Palanirathinam is running a company under the name and style of "Grant Export" in Virudhachalam and in the said company, the said Ganesan was carrying on business with regard to import and export of Iron. The petitioners herein were running the company under the name and style of "Krishna Smelters" in Salem, in which they were carrying on the work with regard to melting of the old iron and they would sell the same to another company. The petitioners herein had visited the defacto complainant's company inperson on 23.04.2013 and demanded 100 tonnes of old iron and that the said agreement were reduced into writing, wherein 1 tonne of iron was fixed at Rs. 23,000/-, the tax and lorry charges were at ex....
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....not legally sustainable. The said transaction, as averred in the charge sheet, is purely borne out by contract dated 23.04.2013 and there is no criminality to attract the offences under Sections 406 and 420 of IPC. Further, the charges levelled under Sections 406 and 420 IPC does not attract to the present facts of the case. 4. The learned counsel for the petitioners would also submit that as far as cheating is concerned, dishonest intention is the must, followed by inducement and delivery of property. In the present case, the charges against the petitioners, as stated above, is purely a commercial transaction governed by contract between the parties regarding purchase of goods. Further, without any prima facie triable charge, the c....
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.... for Rs. 1,87,146/- and the petitioners had also handed over 5 cheques each for a sum of Rs. 1,00,000/-. Thereafter, the said cheque, which was given for a sum of Rs. 1,87,146/- as well as two cheques, each for a sum of Rs. 1,00,000/- alone got collected and the balance cheques [3 cheques each for a sum of Rs. 1,00,000/-] were bounced due to 'insufficient funds'. Subsequently, the petitioners had settled a sum of Rs. 4,00,000/- through RTGS. Moreover, a sum of Rs. 18,22,653/- was due, therefore, the defacto complainant had lodged a complaint seeking for a direction and thereafter, the 1 st petitioner had appeared in-person before police station and stated that he would settle the amount. Since the petitioners had not settled th....
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....L.) No. 1960 of 2018] Vinod Natesan Vs. State of Kerala & Ors. 10. For better appreciation of the present case on hand, it is necessary to extract Sections 405, 406 and 420 of IPC:- "Section 405. Criminal breach of trust.-Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust". Section 406 of....