2023 (9) TMI 584

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....tated as hereunder : (i) The respondents herein filed a private complaint against one M/s.S2 Logistics and the petitioner herein on the ground that the petitioner, who is said to be the proprietor/partner, had approached the respondents for rendering services of customs clearance for one of his customers (importer) named M/s.Red Exports, who were importing calcium carbonate. The respondents undertook the work and accordingly, the petitioner forwarded the documents required for customs clearance to the respondents and the money for payment of customs duty and also to the shipping line. (ii) The respondents completed all the customs clearance formalities and the goods were cleared. There was no problem in this particular tra....

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....eputation and loss of business for the respondents. Hence, the respondents further alleged that the petitioner committed offences under Sections 415, 420, 499 and 500 of the Indian Penal Code (for short, the IPC). (v) The 13th Metropolitan Magistrate Court, Egmore, Chennai considered the materials placed before it and the sworn statements recorded from the second respondent and took cognizance of the complaint for the offences under Section 420 and 500 of the IPC. This is put to challenge in this quash petition. 3. Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing for the respondents. 4. The main ground that was raised by the learned counsel for the petitioner is that none of th....

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....There is no dispute with regard to the fact that the services of the respondents were utilized by the petitioner for the import of uncoated calcium carbonated powder and that the respondents were involved in the customs clearance formalities. The DRI conducted an inspection and found that 30,24,000 sticks of cigarettes were concealed in the cargo. An attempt was made to smuggle the same to India by evading customs duty. 9. It is seen from the order passed by the Additional Commissioner that the petitioner and others had organized the illegal import/smuggling of foreign cigarettes by concealing the same in the cargo. All the documents pertaining to the impugned consignment emanated only from the side of the petitioner. 10. The responde....

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....d and due to that, the second respondent was also roped in as an accused, who suffered harm to body, mind and reputation. Thus, the ingredients of the offence of cheating are prima facie made out on a reading of the complaint along with other materials. 13. The Court below had also taken cognizance for the offence under Section 499 of the IPC punishable under Section 500 of the IPC. 14. To constitute an offence under Section 499 of the IPC, there must be a slander or libel, which is intended to cause harm to the reputation of a person in the eyes of others. 15. In the instant case, none of the ingredients under Section 499 of the IPC is satisfied. The loss of reputation of the respondents, by itself, will not constitute an offence ....