Crl.O.P.No.21670 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.09.2022
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.21670 of 2022
and
Crl.M.P.No.14054 of 2022
S.Sreenivasan ... Petitioner
Vs
The State Rep.by
The Inspector of Police,
Economic Offence Wing, Team-II,
Namakkal
(Ref.Crime No.02/2013) ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to
call for the records in C.C.No.10 of 2014 and to set aside the daily order
dated 12.08.2022 passed by the Special Court established under TNPID Act,
Coimbatore and to quash the final report.
For Petitioner : Mr.S.Sheik Ismail
For Respondent : Mr.E.Raj Thilak,
Additional Public Prosecutor
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21670 of 2022
ORDER
This Petition has been filed to call for the records in C.C.No.10 of 2014 and to set aside the daily order dated 12.08.2022 passed by the Special Court established under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997 (hereinafter referred to as the TNPID Act for short), Coimbatore and to quash the final report.
2. The learned counsel for the petitioner submitted that the petitioner is arrayed as A-4 and facing trial for the offences under Section 5 of the TNPID Act & Sections 120(B), 406, 420, 467 and 468 of IPC alleging that he defaulted in repayment of deposits and interest honouring the commitment. The respondent, after completion of investigation, filed the final report and relied upon 544 witnesses to prove their case and during the course of trial, the prosecution has examined 334 witnesses and marked 1272 exhibits. The Trial Court instead of proceeding to examine the remaining witnesses, during the course of Trial, the Trial Court dispensed with the examination of remaining witnesses and permitted the Investigating Page 2 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21670 of 2022 Officer to examine and mark those fixed depositors receipts through the Investigating Officer.
3. The learned counsel for the petitioner further submitted that the petitioner is losing his opportunity to establish the defence and the right to fair trial will be deprived, if the petitioner is not examined by the witnesses. He also submitted that, in fact, the petitioner is ready and willing to settle even the entire amount to the persons, who invested in the business and he had properties. However, the Government Authority is not taking any steps to attach the property to realise the amount to settle in favour of the victims. He also produced the deposition of other witnesses and he cross examined each and every witnesses in respect of the agreement entered into between the petitioner and the victims. He also produced the copy of the agreement and the petitioner never issued any Fixed Deposit receipts to the victims. As per the agreement, after investing the amount, they issued receipts.
4. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondent. Page 3 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21670 of 2022
5. On a perusal of the impugned order, the Trial Court referred the order passed by this Court in Cont.P.(MD).No.971 of 2020 dated 21.12.2020. This Court initiated contempt proceedings for non-compliance of the order passed in Crl.A.(MD).No.113 of 2013. The Trial Court acquitted the accused in C.C.No.8 of 2011 and aggrieved by the same, two victims filed an appeal in Crl.A.(MD).No.113 of 2013 before this Court. This Court set aside the judgement of acquittal by the order dated 08.08.2019 and remanded back the matter to the file of the Trial Court. Further, the Investigating Officer was directed to file a petition under Section 173(8) of Cr.P.C for conducting further investigation and it was made clear that a supplementary final report has to be filed. However, the Investigating Officer completed the further investigation and filed a closure report. Therefore, the Contempt Petition was filed, in which, this Court directed the Trial Court to invoke provisions under Section 165 of the Indian Evidence Act, 1872.
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6. This Court further observed that the said provision cannot be used to dispense with the primary evidence of any document. The Trial Court will ensure that most of the original deposit receipts (not all of them) are marked not through each individual depositor, but through the Investigating Officer. The Court can issue a direction to the Investigation Officer under this provision and ask him to produce the documents at one go and most of them can be marked through him. It was further observed that this Court had not issued a comprehensive or exhaustive direction and this Court had only called upon the Trial Court to think of innovative measures for the purpose of fast-tracking the prosecutions arising under the TNPID Act. Therefore, the Trial Court dispensed with the examination of 192 depositors and their documents can be marked through the Investigating Officer, who examined him. This Court held that the above said Contempt Petition is filed after remanding the matter in the Criminal Appeal filed against the acquittal, whereas in the case on hand, it is a fresh case and the trial proceedings are going on. So far 334 prosecution witnesses have been examined out of 520 depositors. The learned counsel for the petitioner also produced a copy of the agreement entered into between the petitioner and the victims and also Page 5 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21670 of 2022 cross examination of other witnesses. Each and every witnesses have been cross examined by the petitioner.
7. In the case on hand, there is no question of issuing of Fixed Deposit receipts, whereas in pursuant to the agreement and on receipt of the amount invested by the victims, they were issued receipts. Therefore, necessarily the petitioner ought to have cross examined the witnesses each and every time, while marking their respective agreement. As such, the judgment cited by the Trial Court is not applicable to the case on hand.
8. In view of the above facts and circumstances of the case, the order passed by the Special Court established under the TNPID Act, Coimbatore in C.C.No.10 of 2014 dated 12.08.2022, is hereby set aside. The Trial Court is directed to issue summons to all the remaining victims and the petitioner is permitted to cross examine the witnesses in the manner known to law. Consequently, the connected Miscellaneous Petition is closed. Page 6 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21670 of 2022
9. With the above direction, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is closed.
19.09.2022 Index:Yes/no Speaking/non speaking order kv To
1. The Inspector of Police, Economic Offence Wing, Team-II, Namakkal.
2. The Public Prosecutor, High Court of Madras.
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