V. SENTHAMARAIKANNAN Vs. STATE, THROUGH THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, THOOTHUKUDI DISTRICT

JUDGEMENT

(1.) THE present Criminal Revision case has been preferred against the order of the learned Special Judge, Special Court established under TNPID Act, Madurai, dated 06.04.2011 made in Cr.M.P.No.862 of 2009, in C.C.No.100 of 2008, on the file of the said Trial Court.

(2.) THE said Criminal Miscellaneous Petition was filed by the petitioners 1 to 3 herein, who had been arrayed as accused No.9 to 11 in the above said Calendar Case. The case was registered in the year 2005 in Cr.No.9 of 2005, on the file of the Inspector of Police, Central Crime Branch, Thoothukudi District, for an alleged offence punishable under Section 420 of I.P.C. However, after completion of investigation, the Investigating Officer chose to submit a final report alleging commission of offence punishable under Section 5 of the Tamil Nadu Protection of Interests of Depositors(in Financial Establishments) Act, 1997(hereinafter called as TNPID Act) alone. The petitioners had been arrayed as accused persons and ranked as accused No. 9 to 11 on the basis of the materials collected by the Investigating Officer showing that they were partners of the financial establishment which committed default as described in Section 5 of TNPID Act on the dates of deposits and dates of such default as well as on the date of complaint. When such is the case, the petitioners herein (A9 to A11) seem to have approached the trial court with a petition under Section 239 of Cr.P.C as cr.M.P.No.862 of 2009, praying for an order of discharge contending that no material had been collected to show that anyone of the petitioners was responsible for the management of the affairs of the financial establishment.

(3.) THIS Court also, upon perusing the records, concurs with the view expressed by the learned Special Judge under TNPID Act that there are materials to make out a ground for presuming that the petitioners herein have committed an offence under Section 5 of the TNPID Act and that hence, their prayer for the relief of discharge from the case in C.C.No.100 of 2008 was rightly declined by the learned Special Judge. This Court finds no defect or infirmity in the order passed by the learned Special Judge dismissing the discharge petition filed by the petitioners herein in Cr.M.P.No.862 of 2009. No case has been made out for interfering with the said order in exercise of the revisional power of this Court.