IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.02.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.1771 of 2017 Sellappa Gounder ... Petitioner Vs The Deputy Superintendent of Police, E.O.W-II Bypass Road, Kondalampatty, Salem. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to take steps to include the petitioner's complaint dated 23.01.2009 along with the other depositors complaints in respect of Annai Cauvery Finance in CC No.2 of 2011 on the file of Special Court, TNPID Act, 1997 at Coimbatore.
For Petitioner : Mr.D.Selvaraju For Respondent : Mr.C.Emalias, APP ORDER This Criminal Original Petition has been filed seeking a direction to the respondent to take steps to include the petitioner's complaint dated 23.01.2009 along with the other depositors'
complaints in respect of Annai Cauvery Finance in CC No.2 of 2011 on the file of the Special Court, TNPID Act, 1997 at Coimbatore.
2. According to the petitioner, he had deposited a sum of Rs.8,20,000/- vide three deposit receipts with the aforesaid financial establishment M/s.Annai Cauvery Finance and the interest for his deposit was not paid to him from January 2008. Thereafter, on coming to know that he was cheated by the said financial establishment, he made a complaint to the respondent. However, his name was not included in the list of depositors in the final report filed in CC No.2 of 2011 before the Special Court, TNPID Act, 1997 at Coimbatore, in respect of the said financial establishment. Hence, this petition.
3. Learned counsel for the petitioner submitted that the petitioner is now aged about 85 years and he had deposited the whole of his savings with the said financial establishment. Learned counsel further submitted that one of the depositors of the said financial establishment had earlier approached this Court by filing Crl.OP Nos.22636, 22637 and 22639 of 2016 seeking the very same prayer, which, after hearing both sides, were disposed of, by order dated 21.10.2016, considering the claim of the petitioner. Therefore, learned counsel seeks for similar order in this petition as well.
4. Learned Additional Public Prosecutor appearing for the respondent has no serious objection in passing such order to this petition.
5. This Court has perused the order dated 21.10.2016 passed by this Court in Crl.OP.Nos.22636, 22637 and 22639 of 2016. Admittedly, the petitioners in earlier and present petitions are similarly placed persons and they are the depositors of the disputed financial establishment. After hearing both sides, this Court has disposed of the said petitions in the following terms:
“5. The learned Additional Public Prosecutor submitted that the three cases before the trial court are at the stage of arguments and it is too late in the day to include the claim of this petitioner also.
6. There is sufficient force in the submissions of the learned Additional Public Prosecutor, inasmuch as the bona fide of the petitioner's claim has not been tested during investigation. That apart, the accused have not been impleaded as a party in this direction petition. Moreover, at this juncture, if a criminal case is reopened, it will cause undue prejudice to the accused and will further prolong the trial. However, the petitioner also cannot be left without remedy.
7. The learned Additional Public Prosecutor submits that the assets of the financial establishments have been attached under Section 4(1) of TNPID Act and the District Revenue Officer, Salem has been appointed as the competent Authority to disburse the money to the victims.
8. Under such circumstances, the petitioner is directed to submit a representation to the Investigating Officer along with the original deposit receipts and the Investigating Officer shall conduct an enquiry about the bona fide and genuineness of the receipts and give his recommendations to the District Revenue Officer, who shall consider the claim of the petitioner along with the claim of other victims, if it is found to be a bona fide one.
9. With the above directions, the Criminal Origin1al Petitions are closed.”
Following the above said order, this Court is inclined to dispose of the present petition.
6. Accordingly, this Criminal Original Petition is disposed of, by directing the petitioner to submit a representation to the Investigating Officer along with the original deposit receipts and the Investigating Officer shall conduct an enquiry about the bona fide and genuineness of the receipts and give his recommendations to the District Revenue Officer appointed as the competent Authority to disburse the money to the victims, who shall consider the claim of the petitioner along with the claim of other victims, if it is found to be a bona fide one.
14.02.2017 Index:Yes/No rk To
1. Special Court, TNPID Act cases, Coimbatore
2. District Revenue Officer, Salem.
3. The Deputy Superintendent of Police, E.O.W-II, Bypass Road, Kondalampatty, Salem.
4. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J rk Crl.O.P.No.1771 of 2017 DATED: 14.02.2017 http://www.judis.nic.in