Madras High Court
S.Thangaraj vs The Competent Authority on 5 August, 2022
Tr.CMP.No.809 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA
KURUP
Tr.CMP.No.809 of 2021
and
CMP.No.18722 of 2021
S.Thangaraj ... Petitioner
Versus
1.The Competent Authority
District Revenue Officer
Tiruppur
Tiruppur District.
2.Sri Kandiamman Finance
1680/16 Ramanees Residency
Ramanathapuram
Coimbatore.
3.K.Veerasamy
4.K.Padmavathi
5.R.P.Kanagaraj ...Respondents
1/12
https://www.mhc.tn.gov.in/judis
Tr.CMP.No.809 of 2021
PRAYER: Transfer Civil Miscellaneous Petition filed under Section
24 of Civil Procedure Code, to withdraw the case in O.A.No.27 of
2012 from the file of the Learned Special Judge for TNPID Act
Cases, Coimbatore and to transfer the same to some other Learned
Special Judge for TNPID Act Cases at Chennai or Madurai, by
allowing this transfer petition.
For Petitioner : Mr.N.Manoharan
For Respondents : Mrs.P.Vijaya Devi
Government Advocate for R1
: R2 to R5 – Notice not ready
ORDER
This petition had been filed to withdraw the case in
O.A.No.27 of 2012 from the file of the Learned Special Judge for
TNPID Act Cases, Coimbatore and to transfer the same to some
other Learned Special Judge for TNPID Act Cases at Chennai or
Madurai, by allowing this transfer petition.
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Tr.CMP.No.809 of 2021
2. When the case came up for hearing, the Learned
Counsel for the Petitioner was about to proceed with the arguments.
The Learned Counsel for the Respondent submitted that typed set
not furnished on him. The Learned Counsel for the Petitioner
submitted that he already furnished the typed set on him and
obtained an endorsement. The Petitioner was permitted to proceed
with the arguments.
3. The Learned Counsel for the Petitioner seeks transfer
of the case from the Learned Special Judge, Special Court under
TNPID Act, 1997, Coimbatore. It is the submission of the Learned
Counsel for the Petitioner that the Petitioner is arrayed as A4. At that
time of pendency of the First Information Report, the properties of
the Accused who are the Directors of the Financial Company, were
attached as per the provisions of TNPID Act. It is the submission of
the Learned Counsel for the Petitioner that the self acquired property
of A4 was also attached. The Petitioner had contended that he had
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Tr.CMP.No.809 of 2021
resigned from the Financial Establishment which is arrayed as A1 in
the year 1997. The Learned Judge had rejected such contention
while conducting the trial in the criminal case in C.C.No.48 of 2008.
After due trial, the Learned Special Judge, TNPID Court,
Coimbatore had convicted the Accused including the Petitioner
herein, and the Accused had preferred an Appeal and it is pending
before the High Court.
4. It is the further contention of the Learned Counsel for
the Petitioner that A4, the Petitioner herein now seeks transfer of the
Original Application filed by the Competent Authority/District
Revenue Officer, Tiruppur, to proceed with the properties that were
attached by way of interim attachment. During pendency of the
criminal appeal, now, the Competent Authority intends to proceed
with the trial before the same Judge. Having suffered conviction
before the same Judge, TNPID Act, the Petitioner apprehends that he
will not get justice before very same Judge.
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Tr.CMP.No.809 of 2021
5. The Learned Counsel for the Petitioner invited the
attention of this Court to the para No.10 of the affidavit filed in this
petition, which is extracted hereunder:-
“10. I submit that the Learned Special Judge who
has convicted me and other Accused persons have
already come to a conclusion that the Accused have
committed the offence under Section 5 of the TNPID Act
1997. The Learned Special Judge made certain
observations and also rendered the findings against me
for giving conviction. I submit that the reasons given for
concluding the judgment of conviction will have a strong
bearing in the mind of the Learned Special Judge who is
hearing the above OA No.27 of 2012. The observations
and findings given by the Learned Special Judge for
convicting me and other Accused will cause serious
prejudice to me and the Respondents 2 to 5 herein.”
6. Also the Learned Counsel for the Petitioner invited
the attention of this Court to reported decision of the Hon'ble
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Tr.CMP.No.809 of 2021
Supreme Court decided by three Judges Bench, the relevant portion
at para No.3, which is extracted hereunder:-
“3. The Complainant questioned the
discharge order passed by the trial Court before the
High Court in a revision petition which was allowed
by the High Court by its order dated 10.12.2012 with
a direction to the trial Court to pass a fresh order on
the subject after hearing both the parties. It was at this
stage, that the Complainant expressed an
apprehension about the fairness of the approach
which the trial Court may adopt in view of the findings
recorded in the order of discharge earlier passed by
her. The Complainant (the Appellant herein) expressed
theses fears first in TP (Crl.) No.31 of 2013 filed
before the Sessions Judge, Rohini which was dismissed
by the said Court by order dated 22.05.2013 holding
that since no other Officer in North-West District in
Delhi has been notified for trial of cases under the
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 the prayer for
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Tr.CMP.No.809 of 2021
transfer in essence was tantamount to asking for a
transfer to another district which could be allowed
only by the High Court.”
7. On perusal of the judgment cited by the Learned
Counsel for the Petitioner, this Court feels that SC/ST Atrocities Act
is a different from the enactment viz., TNPID Act, which is a Special
Act enacted by the Tamil Nadu Legislative Assembly to protect the
Interest of the Depositors. As per the Act, the Special Judge
concerned under the Act is the District Judge. The enactment of the
Tamil Nadu Legislative Assembly for having the Special Judge at
the cadre of the District Judge is with regard to the fact that the same
Judge has to dispose of the civil case arising out of the attachment
proceedings. Where the proceedings regarding the civil cases
involves the criminal case, viz., the provision of Sections 406 and
420 of IPC and also, under Sections 5 & 7 of the TNPID Act, the
Judge has the powers to impose the sentence up to 10 years on the
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Tr.CMP.No.809 of 2021
Accused. Therefore, the District Judge is posted as Special Judge. It
is the provision of the TNPID Act that the same Judge has to dispose
of the civil case arising out of attachment proceedings. Where the
District Revenue Officer of the District concerned, where the self
acquired properties of the Financial Company as well as Directors or
Partners are acquired, and are also attached to protect the interest of
the Depositors. The Accused can defend his case that the property
was not acquired out of the funds from the Financial Company, he is
offered an opportunity to prove his case at that time of investigation
by the Court. The attachment proceedings before the TNPID Court
is an Execution Court's proceedings, it is the criminal proceedings
where the Authorities are empowered and right is available to the
accused to prove his case through proper evidence by letting in oral
evidence as well as documentary evidence.
8. The contention of the Petitioner is that he resigned
from the Company Financial Establishment in the year 1997. If that
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Tr.CMP.No.809 of 2021
is so, the Petitioner as Respondent in OA has his defence to prove
the case and overcome the prosecution case that he is also liable for
the Criminal Act conducted by A1 Financial Company, by adducing
evidence at that time of investigation/enquiry by the Learned Special
Judge, under TNPID Act, Coimbatore.
9. The contention of the Learned Counsel for the
Petitioner regarding transfer of the case in O.A.No.27 of 2012 from
the Court of the Learned Special Judge, TNPID Act, Coimbatore to
any other Court cannot be accepted in the light of the Special
enactment of the Tamil Nadu Legislative Assembly. Also it amounts
to forum shopping. This Court exercising inherent powers cannot
accept the line of the arguments of the Learned Counsel for the
Petitioner.
10. In criminal case, the request of the Accused to
change Court will not be entertained by the Court, in the light of the
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Tr.CMP.No.809 of 2021
above, and even in the ruling cited by the Learned Counsel for the
Petitioner also, it had been observed that at the instance of the
Accused transfer cannot be accepted.
11. In the light of the above discussion, this Court differs
from the ruling cited by the Learned Counsel for the Petitioner and
the same is rejected, in the light of the legislative intent of the
Special enactment, viz., Tamil Nadu Protection of Interest of
Depositors ( in Financial Establishment) Act, (TNPID Act) the same
Judge has to dispose of the case both Civil and Criminal case. The
Petitioner has the chance to prove his case and disprove the
contention of the Competent Authority at that time of investigation
(enquiry) by the Court. The Learned Special Judge, TNPID Court,
Coimbatore is directed to dispose of the O.A.No.27 of 2012 within a
reasonable period of three months from the date of receipt of the
copy of this order, after granting sufficient opportunity to the
Petitioner herein, who is arrayed as A4 in C.C.No.48 of 2008.
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Tr.CMP.No.809 of 2021
12. Accordingly, this Civil Revision Petition is
dismissed. No costs. Consequently, connected Miscellaneous
Petition is closed.
05.08.2022
Index: Yes/No
Internet: Yes/No
dna
To
1.The Special Judge for TNPID Act Cases, Coimbatore.
2.The Competent Authority
District Revenue Officer
Tiruppur
Tiruppur District.
3.The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Tr.CMP.No.809 of 2021
SATHI KUMAR SUKUMARA KURUP., J.
dna
Tr.CMP.No.809 of 2021
and
CMP.No.18722 of 2021
05.08.2022
https://www.mhc.tn.gov.in/judis
Tr.CMP.No.809 of 2021
https://www.mhc.tn.gov.in/judis
