Madras High Court
N.Thankiah vs The State Of Tamil Nadu on 24 September, 2024
Crl.A(MD)No.523 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24/09/2024
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.A(MD)No.523 of 2018
1.N.Thankiah
2.R.Padmanaban Nadar
3.N.Mohan : Appellants/PW14, PW16 & PW17
Vs.
1.The State of Tamil Nadu
Rep. by Inspector of Police,
Economic Offence Wing-2,
Nagercoil,
Kanyakumari District : 1st Respondent/Complainant
2.SVS Bankers
3.Vijaya Nirmala
4.Sasikumar : Respondents 2 to 4/Accused
Prayer: This Criminal Appeal is filed under Section
374 of the Criminal Procedure Code, against the judgment in
CC No.93 of 2008, dated 29/03/2012 passed by the Special
Judge for TNPID Act cases, Madurai.
For Appellants : Mr.G.Karuppusamy Pandian
For 1st Respondent : Mr.M.Sakthi Kumar
Government Advocate
(Criminal side)
For R2 to R4 : Mr.T.Lajapathi Roy
Senior Counsel
for M/s.T.Seeni Syed Amma
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Crl.A(MD)No.523 of 2018
J U D G M E N T
This Criminal Appeal has been filed seeking an
order to set aside the judgment passed by the Special
Judge for TNPID Act cases, Madurai, in CC No.93 of 2008,
dated 29/03/2012.
2.The facts in brief:-
A1 is the Financial Establishment called 'S.V.S
Bankers' situated in Ananthamangalam, Painkukam,
Kanyakumari District. A2 and 3 are the persons who are
responsible for the management of the affairs of the
above said Establishment. They collected deposits from
17 depositors to the tune of Rs.51,63,825/- during the
period between 1996 and 2005. But that amount was used
by the accused persons for their own use, thereby
committed criminal beach and also cheated the
depositors. On the basis of the above said, a case was
registered in Crime No.12 of 2005 for the offences
punishable under sections 406, 420 r/w 120(B) IPC and section 5 of the
TNPPDL Act. After completing the formalities of
investigation, charge sheet was filed before the trial
court and it was taken as CC No.93 of 2008.
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3.Before the trial court, on the side of the
prosecution, 18 witnesses were examined, 8 documents
were marked. On the side of the accused, no oral and
documentary evidence was adduced.
4.The trial court, after considering the oral
and documents evidence available on record, came to the
conclusion that the charges framed against accused
persons have not been proved beyond reasonable doubt and
accordingly, acquitted them.
5.Now challenging the above said acquittal
judgment, the appellants, who are PW14, PW16 and PW17
are before this court by way of filing this criminal
appeal.
6.Pending the criminal appeal, compromise was
reached between the respondents 2 to 4/Accused and the
appellants herein. A joint memo of compromise was filed,
which has been duly signed by the appellants and the
respondents 3 and 4 and also by their respective counsels.
7.Today the appellants 1 and 2 and 4th respondent
appeared before this Court along with their counsels and
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also produced their Aadhar cards. They were also identified
by the learned Additional Public Prosecutor and the
Investigation Officer. Both the parties were enquired by me
and they accepted the terms of compromise. Hence, the
Compromise Memo is recorded.
8.It is submitted by the learned counsel appearing
for the appellants that the third appellant N.Mohan is
affected by paralysis and bedridden condition, so he is
represented by Mr.Rajesh, who is his son. He is also
present before this court and stated that his father is
affected by paralysis and he is not in a position to appear
before this court. He admits the terms and condition
entered and agreed to receive the settlement amount. The
remaining amount of Rs.2,00,000/- deposited with the Trial
court may be permitted to be withdrawn by the third
appellant through his son namely Rajesh, after completing
the official formalities. The balance amount has to be
taken by the 4th respondent herein namely Sisikumar. To that
effect, the above said compromise memo is recorded, since
all the parties, except the above said person namely the
third appellant herein are present in person.
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9.Recording the above said, this criminal appeal is
disposed of. The joint compromise memo, dated 13/09/2024
shall form part of this order.
24/09/2024
Index : Yes/No
Internet : Yes/No
er
To,
1.The Special Court for TNPID Act cases,
Madurai.
2.1.The Inspector of Police,
Economic Offence Wing-2,
Nagercoil, Kanyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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G.ILANGOVAN,J
er
24/09/2024
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