Madras High Court
P.Pushpam vs The Competent Authority on 8 December, 2021
CRL.A.Nos.503 to 505 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE R.THARANI
CRL.A.Nos.503 to 505 of 2021
Crl.A.(MD)No.503 of 2021
1.P.Pushpam
2.R.Ravi .. Appellants/Petitioners/
Accused Nos.1 & 3
Vs.
1.The Competent Authority,
District Revenue Officer,
Karur.
2.The Deputy Superintendent of Police,
E.O.W-II Karur,
(Crime No.4/08) ... Respondents/Respondents
complainant
Crl.A(MD)No.504 of 2021
1.P.Manimaran
2.R.Ravi
3.A.Pushpam
4.S.Ranjitham
5.M.Sekar .. Appellants/Petitioners/
Vs.
1.The Competent Authority,
District Revenue Officer,
Karur.
https://www.mhc.tn.gov.in/judis
CRL.A.Nos.503 to 505 of 2021
2.The Deputy Superintendent of Police,
E.O.W-II Karur,
(Crime No.4/08) ... Respondents/Respondents
complainants
Crl.A.(MD)No.505 of 2021
1.P.Pushpam
2.S.Ranjitham
3.R.Ravi .. Appellants/Petitioners/
Accused Nos.2,4&6
Vs.
1.The Competent Authority,
District Revenue Officer,
Karur.
2.The Deputy Superintendent of Police,
E.O.W-II Karur,
(Crime No.4/08) ... Respondents/Respondents
complainants
COMMON PRAYER: Criminal Appeals filed under Section 11 of
TANPID Act, to call for the records relating to the impugned order dated
02.02.2021 made in Crl.M.P.Nos.1767, 1766 and 1769 of 2020 in
C.C.Nos.11, 12 and 17 of 2010 on the file of the Special Court under
TNPID Act, Cases, Madurai, insofar as imposing condition of interest
and set aside the same and allow these Criminal Appeals.
For Appellants in
all cases : Mr.R.Murali
For Respondents : Mr.R.M.Anbunithi
in all cases Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
CRL.A.Nos.503 to 505 of 2021
COMMON JUDGMENT
These Criminal Appeals have been filed to set aside the impugned
order dated 02.02.2021 made in Crl.M.P.Nos.1767, 1766 and 1769 of
2020 in C.C.Nos.11, 12 and 17 of 2010, on the file of the Special Court
under TNPID Act, Cases, Madurai,
2.The case against the appellants is that they have cheated the
depositors to the tune of Rs.1,21,75,500/-. On the side of the appellants,
it is stated that the appellants have come forward to settle the amount
through the Competent Authority. Therefore, the appellants had filed
petitions under Section 5(A) of TNPID Act, before the trial Court in
Crl.M.P.Nos.1767, 1766 and 1769 of 2020 in C.C.Nos.11, 12 and 17 of
2010 seeking to compound the offence and that petitions were allowed
by the trial Court and has directed the Competent Authority to compound
the case on payment of the deposit amount to all the depositors with
interest fixed by the Competent Authority. Against which, the appellants
are before this Court.
https://www.mhc.tn.gov.in/judis
CRL.A.Nos.503 to 505 of 2021
3.On the side of the appellants, it is stated that the appellants are
the Directors in the Chit Funds Company and the Active Director, who
look after the business, had committed suicide. The properties of the
appellants were attached and even prior to the filing of charge sheet, the
appellants settled a considerable amount to the depositors to the tune of
Rs.30,64,000/- and a sum of Rs.91,11,500/- is the balance to be paid.
Further, out of 7 cases, one case in C.C.No.19 of 2010 was referred for
compromise and the claims of 25 depositors was fully settled on
13.05.2019. Similarly, on follow up, a sum of Rs.28,28,000/- and another
sum of Rs.25,12,000/- and yet another sum of Rs.16,32,000/- were
settled to the depositors and a sum of Rs.33,93,000/- was deposited by
way of four demand drafts to the credit of the cases, as advised by the
Court and only a sum of Rs.9,70,000/- is to be settled.
4.There are 7 different cases registered against the appellants. The
appellants have filed petitions under Section 5 (A) of TNPID Act, which
provides the privilege of settling the matter in the presence of the
Competent Authority and the provision left the competent authority with
a discretion to decide the quantum and derivation of payments with or
without interest. It is for the parties to decide the payment regarding
https://www.mhc.tn.gov.in/judis
CRL.A.Nos.503 to 505 of 2021
interest, but the learned Judge while permitting the petitions had directed
to settle the amount with interest. Further, the office of the appellants was
already closed down and the premises was sealed. The purpose of
Section 5(A) of TNPID Act, is to provide an atmosphere to enable the
parties to settle and satisfy themselves by compounding the cases. The
complaint itself was pertaining to the amount in deposit and not in
respect of interest claim, under the said circumstances, to settle the
deposits with or without interest is prescribed under Section 5(A) of the
Act and hence, he prays for suitable modification in the impugned order.
5.On the side of the prosecution, it is stated that 7 cases were filed
against the appellants. The appellants have come forward with the
petitions under Section 5(A) of the Act, for compounding the offence.
The appellants have filed Criminal Original Petitions in
Crl.O.P(MD)Nos.4305, 4307 and 4309 of 2021 before this Court, on
18.11.2021 and this Court dispensed with the personal appearance of the
appellants. The appellants are in the habit of filing various petitions one
after another. Prior to 2010, the appellants had filed petitions before the
trial Court and the same was taken on file as C.C.Nos. 11, 12 and 17 of
2010, only after 11 years, the appellants had filed these petitions to
https://www.mhc.tn.gov.in/judis
CRL.A.Nos.503 to 505 of 2021
permit them to settle the amount without interest, which is not reasonable
only after considering the delay, the trial Court has imposed the condition
to settle the amount with interest, at the same time, the rate of interest
was left to the discretion of the Competent Authority.
It is seen that the deposits were made prior to 2010, the case was
taken on file in the year 2010 and the appellants have come forward with
these petitions under Section 5(A) of the Act, during February 2021,
instead of allowing the competent authority to settle the quantum of
interest, the appellants have chosen to file this appeal. It is seen that the
appellants have already filed three criminal original petitions before this
Court and they got an order of dispensing with their personal appearance,
till a report is received from the Competent Authority. Only to drag on
the case, the appellants have come forward with these appeals. If the
depositors are really interested in settlement, they have to settle the same
with interest to be fixed by the competent authority. Considering the
delay in filing the petition under Section 5 of TNPID Act, it is decided
that the payment of interest to the depositors is necessary.
https://www.mhc.tn.gov.in/judis
CRL.A.Nos.503 to 505 of 2021
6.There is nothing sufficient enough to interfere with the orders of
the trial Court and hence, these Criminal Appeals are dismissed.
08.12.2021
Index:Yes/No
Internet:Yes/No
Ns
To
1.The Special Court,
under TNPID Act Cases,
Madurai.
2.The Competent Authority,
District Revenue Officer,
Karur.
3.The Deputy Superintendent of Police,
E.O.W-II Karur.
https://www.mhc.tn.gov.in/judis
CRL.A.Nos.503 to 505 of 2021
R.THARANI, J.
Ns
Pre-Delivery Judgment in
CRL.A.Nos.503 to 505 of 2021
08.12.2021
https://www.mhc.tn.gov.in/judis
