PONNUSAMY Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The Criminal Appeal arises out of the judgment of conviction and sentence of fine, in C.C.No.45 of 2002 on the file of the First Additional District-cum-Chief Judicial Magistrate's Court, Coimbatore, whereby the first appellant/A.1, second appellant/A.2, third appellant/A.3 and the fourth appellant/A.5 were convicted for the offence under Section 3 read with Sections 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and each sentenced to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for six months. A-4 was acquitted of the charges.

(2.) The case of the prosecution is as follows:

(3.) The trial Court, after considering the oral and documentary evidence, came to the conclusion that the prosecution has not proved the presence of A-4 and hence, he was acquitted of the charges and the trial Court convicted A-1 to A-3 and A-5 and sentenced them to pay fine, as indicated above. Challenging the same, the appellants/A-1 to A-3 and A-5 have preferred this Criminal Appeal.