UMADEV Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed, challenging the order dtd. 1/9/2022 made in Crl.M.P.No.1445 of 2022 on the file of the Special Court under TNPID Act, Coimbatore.

(2.) The learned counsel for the petitioner would submit that the petitioner herein is the 10th accused in C.C.No.8 of 2019 on the file of the Special Judge, Special Court under TNPID Act, Coimbatore, for the offences punishable under Ss. 120 (b), 406, 420 IPC and Sec. 5 of the TNPID Act. After filing of final report by the respondent police, the petitioner filed Crl.O.P.No.6831 of 2021 before this Court, to quash the final report. During the pendency of the Original Petition before this Court, the prosecution examined 5 witnesses in chief and thereafter periodically examined other witnesses. Meanwhile, the petitioner was given a chance to settle the amount to the depositors. Since the properties belongs to the petitioner was under attachment and under the control of DRO, he could not be able to mobilise the funds, to settle the matter. Thereafter, the petitioner filed a petition in Cr.M.P.No.1445 of 2022 to recall the witnesses, P.Ws.1, 13,17, 21, 27, 28, 30, 32, 43, 44, 45, 50, 53, 54, 62, 65, 79 and 82 and the same was dismissed by the Trial Court on the ground that this Court by an order dtd. 24/1/2022 in Crl.O.P.No.717 of 2022 directed the Trial Court to dispose of the case on a day to day basis and also directed to give sufficient time to settle the matter in W.P.No.12219 of 2022 dtd. 25/5/2022. However, in order to meet the prosecution case, the learned counsel for the petitioner prayed to give one more opportunity to the petitioner, to place his defence and thus pleaded to allow this Criminal Original Petition.

(3.) The learned Government Advocate (Crl. Side) appearing for the respondent objected to allow this petition and further contended that this Court in Crl.O.P.No.717 of 2022 dtd. 24/1/2022 directed the Trial Court to issue summons to the witnesses and examine them and dispose of the case as early. Further in W.P.No.12219 of 2022 dtd. 25/5/2022, this Court directed the Trial Court to give reasonable time for settlement, to render substantial justice. In C.C.No.8 of 2019, totally 80 victims. Total amount payable by the accused is Rs.2,97,96,300.00. Since the petitioner was not able to settle the matter, he has not examined the witnesses and only protracted the proceedings. There is no reason to interfere with the order dtd. 1/9/2022 made in Crl.M.P.No.1445 of 2022 on the file of the Special Court under TNPID Act, Coimbatore.