Madras High Court
T.K.Madhavan vs The State Represented By Its on 20 June, 2022
Crl.A.(MD)No.386 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 20.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.A.(MD)No.386 of 2022
T.K.Madhavan ... Appellant/Appellant/A2
vs.
1.The State Represented by its
The Deputy Superintendent of Police,
Economic Offence Wing II,
Nagercoil, Kanyakumari District.
... 1st Respondent/1st Respondent/Complainant
2.The District Revenue Officer,
Nagercoil, Kanniyakumari District.
... 2nd Respondent/2nd Respondent/Competent Authority
PRAYER : Criminal Appeal filed under Section 11 of Tamil Nadu
Protection of Interests of Depositors (In Financial Establishments) Act,
1997, to call for the records relating to the impugned order passed in
Cr.M.P.No.107 of 2022 in C.C.No.22 of 2013, dated 08.06.2022 on the
file of the Special Court under the Tamil Nadu Protection of Interests of
Depositors (In Financial Establishments) Act, 1997, Madurai and set
aside the same.
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Crl.A.(MD)No.386 of 2022
For Appellant : Mr.R.J.Karthick
For Respondents : Mr.B.Nambi Selvan
Additional Public Prosecutor
JUDGMENT
The Criminal Appeal has been filed challenging the order dated
08.06.2022 in Cr.M.P.No.107 of 2022 in C.C.No.22 of 2013 passed by
the learned Special Court under the Tamil Nadu Protection of Interests of
Depositors (In Financial Establishments) Act, 1997, Madurai, dismissing
the application for extension.
2.The appellant is arrayed as an accused No.2 in C.C.No.22 of
2013. It is not in dispute that the trial was completed and the case is now
pending for the proceedings under Section 313 of Cr.P.C.
3.At this juncture, the appellant/A2 has filed an application in
Cr.M.P.46 of 2022, seeking permission to compound the offence and the
learned Special Judge, vide order dated 21.04.2022 has permitted the
competent authority to allow the appellant/A2 to compound the offence
and submit the compliance report on or before 21.05.2022 by granting
one month time. Subsequently, the appellant/A2 has filed an application
in Cr.M.P.No.107 of 2022 seeking extension of time on the ground that
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Crl.A.(MD)No.386 of 2022
he was not able to comply with the same within the time specified before
the trial Court. The learned Special Judge, after enquiry has passed the
impugned order dismissing the said petition. Aggrieved by the said
dismissal of extension petition, the present appeal has been filed.
4.The learned Additional Public Prosecutor would submit that the
case is pending for the past 12 years and now the case is pending for the
proceedings under Section 313 of Cr.P.C., that the appellant/A2 after
getting one month time, has not complied with the direction of the Court
below and that therefore, the learned Special Judge has rightly dismissed
the extension application.
5.It is seen from the records that the learned Special Judge, while
permitting the appellant/A2 to compound the offence, has granted one
month time on or before 21.05.2022.
6.The learned counsel for the appellant would submit that in
C.C.No.22 of 2013, out of 131 depositors, the appellant/A2 settled the
amount to 48 depositors and that therefore, he is not in a position to
comply with the direction issued by the Court below within the time
stipulated.
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Crl.A.(MD)No.386 of 2022
7.Considering the above facts and circumstances and also the fact
that the learned Special Judge has already granted one month time, this
Court is inclined to extend a further period of one month from today.
8.In the result, the impugned order in Cr.M.P.No.107 of 2022 in
C.C.No.22 of 2013, dated 08.06.2022 passed by the Special Court under
the Tamil Nadu Protection of Interests of Depositors (In Financial
Establishments) Act, 1997, Madurai, is set aside and this Criminal
Appeal is allowed, granting one month time from today.
20.06.2022
sji
To
1.The Special Court under the Tamil Nadu
Protection of Interests of Depositors
(In Financial Establishments) Act, 1997, Madurai.
2.The Deputy Superintendent of Police,
Economic Offence Wing II,
Nagercoil, Kanyakumari District.
3.The District Revenue Officer,
Nagercoil, Kanniyakumari District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A.(MD)No.386 of 2022
5.The Record Keeper,
V.R. Section, Madurai Bench of Madras High Court,
Madurai.
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Crl.A.(MD)No.386 of 2022
K.MURALI SHANKAR, J.
sji
Crl.A.(MD)No.386 of 2022
20.06.2022
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