SEKAR Vs. STATE

JUDGEMENT

(1.) The above criminal original petitions are filed against the order of dismissing the application for discharge by the Court below.

(2.) The case of the prosecution is that the three petitioners herein were running jewellery shop at Pudukottai. In the year 1993, they started a scheme under which they announced a prize scheme for the members participating in the scheme. The members are to contribute a sum of Rs.100/- or Rs.500/-every month; Every month there was a draw and the successful winner need not pay further instalments. He will be given the value of 36 months' deposits immediately after winning the draw. All the other members have to pay the instalments till the end of 36 months and at the end of 36th instalment, goods worth to the amount deposited plus something more as an incentive will be given to them. A complaint was filed on 17.12.1995 stating that some of such subscribers were not paid the amounts of deposits, and when they went to the shop, they found the shop closed. Therefore, they preferred a complaint to the police;; Based on which First Information Report was filed on the same day i.e., on 17.12.1995 for the alleged violation of Section 4 and 5 of the Prize Chits Money Circulation (Banning) Act 1978. Subsequently, the police investigated the matter and filed charge sheet on 03.05.1999. The learned Judge taking cognizance of the offence, has framed charges under Sections 4 (1) and 5 of the above said Act. Therefore, the petitioners herein filed petitions seeking discharge and the learned Magistrate has held that since an additional charge sheet is filed before the disposal of these petitions, the petitioners could not be discharged from the alleged offences said to have been committed by the petitioners and dismissed the petitions.

(3.) Aggrieved by this order, the petitioners have filed the above criminal original petitions under Section 482 of Code of Criminal Procedure.