HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL Nos.400, 401, 402, 403, 404, 405
and 406 OF 2008
COMMON JUDGMENT:
1.
These Criminal Appeals are filed by the Appellant/Accused No.1 aggrieved by the conviction recorded by the Special Court for the Andhra Pradesh Protection of Depositors of Financial Establishment Act, at Hyderabad, in C.C.No.3, 16, 8, 5, 2, 17 and 4 of 2004, respectively, dated 17.03.2008 convicting the Appellant/Accused No.1, for the offence punishable under Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act.
2. Since the issue for consideration in all these criminal Appeals is one and the same, all the Criminal Appeals are heard together and disposed of by this common order.
3. The appellant in all these Criminal Appeals is one and the same. On the allegation of taking deposits to an extent of Rs.3 crores from 350 depositors, complaints were lodged by the aggrieved persons against the appellant for not returning the said amounts and on the basis of said complaints different crimes were registered against the appellant. The said cases were tried by Special Court and the Special Court found the appellant guilty for the offence under Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act. 2
5. The main ground on which the learned counsel for the appellant approached this Court is with regard to the amounts being paid to the victims. The victims formed into an association and the Association is represented by a Counsel Sri A.Raghuram Aurava. The appellant is seeking reduction of sentence.
6. In the said circumstances, since the crime is of the year 2000 and considerable time has lapsed for process of trial and also during appeal, and since it is stated by both the counsel that the amounts which have been allegedly defalcated were paid to the victims, I deem it appropriate to reduce the sentence of imprisonment to the period already undergone.
7. The learned Public Prosecutor on instructions would submit that the amounts were settled in favour of 45 victims who were identified.
8. Accordingly, all the Criminal Appeals are partly allowed reducing the sentence of imprisonment to the period already undergone. However, in the event of any other victims coming before this Court, the appellant undertakes to make good their deposits also.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 20.09.2022 tk 3 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL Nos.400, 402, 402, 403, 404, 404, 405 and 406 OF 2008 Dated: 20.09.2022 tk