SAROJA THIRUMAL Vs. STATE

JUDGEMENT

(1.) This criminal original petition has been filed seeking to set aside the order passed by the learned Special Court under Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997, Madurai, in Cr.M.P.No.67 of 2022, dtd. 25/4/2022, in C.C.No.35 of 2010.

(2.) The learned Counsel for the petitioners submitted that the petitioners are the accused Nos.2 and 3, the first accused is the SUS Bankers and the fourth accused died. The petitioners herein were charged for having committed offences under Ss. 109 and 420 IPC and Sec. 5 of Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997. and during the trial, out of fifty two witnesses, twenty three witnesses had been cross-examined. But, the witnesses PW-1 to PW-6, PW-18, PW-19 and PW-23, are not cross-examined by the petitioners. In order to crossexamine the said witnesses, the petitioners filed a recall petition under Sec. 311 of Cr.P.C. in Cr.M.P.No.67 of 2022, but the same was dismissed by the trial Court on the ground that the witnesses PW-1 to PW-6 were examined in the year 2013, and the remaining witnesses were examined in the year 2017. The petitioners had not taken any steps to cross-examine the witnesses and only to prolong the case, they had not cross-examined the witnesses and dismissed the petition with cost of Rs.2,00,000.00 payable to DLSA, Madurai. Aggrieved by the same, the petitioners filed this petition and further submitted that the petitioners are ready to settle the matter with the witnesses, who deposited the amount. Since the witnesses are not ready to receive the amount, the case is pending and pleaded to give one more chance to the petitioners for cross-examining the witnesses.

(3.) The learned Government Advocate (Crl.Side) submitted that the case is posted on 8/7/2022, for prosecution of witnesses and pleaded to dismiss this petition as there is no merit since the petitioners are being filed this petition belatedly only to prolong the case.