Apeego Ltd. and ors. Vs. the Inspector of Police, T.N. and anr. - Court Judgment

2. The appellants are arrayed as accused in a complaint filed by the second respondent on the basis of which an FIR was drawn up for the offence under Section 420 of the Indian Penal Code. Appellants moved the High Court of Madras for quashing the FIR, but in vain. Against the order, passed by the High Court they have come up with these appeals by special leave.

3. When the special leave petitions were pending the investigating agency proceeded with the investigation and completed it and laid a chargesheet against the appellants for the said offence under Section 420 I.P.C.

4. Sh. Kapil Sibal, learned senior counsel for the appellants contended that the entire transaction is nothing but a commercial one for which there was no criminal overtone at all and at the most it would have been only a money claim which second respondent could have made against the appellants. Before we could go into the merits of the said contention learned senior counsel made an offer at the bar that appellants are prepared to pay the amount due from them. Mr. S. Sivasubramaniam, learned senior counsel appearing for second respondent reciprocated the said gesture and said that as the amount due to them will be paid or arranged to i.e. paid, second respondent would not oppose the prayer for quashing the criminal proceedings against the appellants.

5. In deference to the aforesaid offer and its response an affidavit has been sworn to by Sh. Madhav Shanbhag who is the Director of the first Appellant-Company as to the amount which, according to the appellants, is payable to the second respondent. To ensure that the said amount would be paid, cheque have been handed over to the second respondent, details of which have also been incorporated in the affidavit which are in the form of undertakings. Mr. S. Sivasubramaniam, learned senior counsel pointed out that interest has been calculated only till today at the rate which second respondent was persuaded to agree and therefore the appellants would be liable to pay interest from today till the date of final payment. This appears to be a reasonable demand and therefore Mr. Kapil Sibal put it to the instructing counsel and in return they agreed to pay a sum of Rs. 5.68 lakhs towards that portion of the interest. That amount would be paid within two months from the expiry of the period for the final payment mentioned in the affidavit. A post-dated cheque for the said amount is agreed to be handed over within three days to the counsel for respondent No. 2.

6. In view of the above developments we also agree that the transaction can be treated only one of civil nature without involving any criminal offence. Accordingly we allow these appeals and quash the criminal proceedings.