Indira Banerjee JUDGMENT
Indira Banerjee, J.
1. This appeal is against the final judgment and order dated 20-03-2006 passed by the High Court of Judicature at Madras, inter alia, allowing Criminal Original Petition No. 27039 of 2005 filed Under Section 482 Code of Criminal Procedure and quashing the criminal proceedings being Crime No. 54 of 2005 against the Petitioners before the High Court and also against the first Accused company, which was not party before the High Court.
2. The Appellant, Shri Ravi Kumar carries on business of cotton ginning and conversion of cotton into yarn at Salem, Tamil Nadu as proprietor of "SARAVANA YARN TRADERS".
3. The Appellant as proprietor of "SARAVANA YARN TRADERS" entered into transactions with Sri. Rajendran Mills Ltd., Salem (hereinafter referred to as "the Mill"). The Respondent No. 2/Accused No. 2 is the Managing Director of the Mill and the Respondent No. 3/Accused No. 3 Sri Sundaram is its Chairman, Respondent No. 4/Accused No. 4 Sri Sundar is the son of the Managing Director being the Respondent No. 2/Accused No. 2 and is in charge of the affairs of the Mill. The Respondents/Accused Nos. 5 to 13 are also responsible for administering the Mill.
4. In December 2001, the Mill requested the Appellant to supply cotton lint to the Mill for conversion of the same into yarn. The Appellant and the Respondents entered into transactions in 2001. Later, in January 2002, a Memorandum of Understanding in writing was executed between the Appellant and the Mill.
5. The Appellant has alleged that pursuant to the Memorandum of Understanding, the Appellant supplied 1,03,920 Kgs. of cotton lint to the Mill for conversion into yarn. The Appellant has further alleged that Respondent No. 2/Accused No. 2 Shri Chokalingam had, from out of the said quantity of cotton lint, purchased lint weighing about 47,164 Kgs. of the value of Rs. 26,93,289/- on credit basis and the balance which was worth Rs. 35,26,561.69 had been entrusted to the Mill for conversion into yarn.
6. According to the Appellant, the Mill did not take any step to convert the lint into yarn in spite of repeated requests. The Appellant later came to know that all the Accused had connived with each other and in criminal breach of trust sold the entire cotton lint weighing about 1,08,920/- Kgs. of the value of about Rs. 62,19,850.50 and appropriated the sale proceeds thereof.
7. On 20-05-2004, the Appellant lodged a complaint at the Edapadi Police Station, Salem district against Respondents for offences Under Sections 420 and 409 read with Section 34 of the Indian Penal Code.
8. As the Police failed to register any case, the Appellant invoked Section 156(3) of the Code of Criminal Procedure to seek orders of the learned Judicial Magistrate II, Sankagiri for registration of the complaint.
9. Even after orders Under Section 156(3) of the Code ........