A SATHYAMURTHY Vs. STATE

JUDGEMENT

(1.) This petition is brought forth seeking to quash the charge sheet what was filed in C.C.No.10/02 on the file of the Special Judge (TNPIDS Act), Madras.

(2.) As could be seen from the available materials and from the submissions made on both sides, the gist of the prosecution case was that A-1 to A-6, the partnership firms comprising the partners A-7 to A-38 invited deposits from several persons on different schemes, and on its maturity, the deposits along with interest have not been repaid, and thus, A-1 to A-6, the financial establishments within the meaning of Sec.3 of the Act and A-7 to A-38, the partners of A-1 to A-6 firms, were all liable for the offences of cheating and breach of trust along with the offence under Sec.5 of the TNPID Act. After the registration of the case, the matter has been investigated, and a charge sheet has also been laid, and it was taken cognizance by the Special Court constituted for the said purpose at Madras. While so, the petitioners who are shown as A-8, A-10, A-11, A-14, A-16, A-18, A-20, A-21, A-22, A-24, A-27, A-31, A-35 and A-38 have brought forth this petition stating that they have nothing to do with the above transactions in question; that they have neither invited any deposits nor collected any amount from any of the depositors numbering 250, and they are all residents of Vellakoil, situated 500 kms. away from the City of Madras, and under such circumstances, they have been falsely implicated, and there is no iota of evidence against them, and hence, the charge sheet in their regard has got to be quashed.

(3.) This petition is strongly opposed by the learned Government Advocate (Criminal Side) stating that the proper investigation has been done; that there are incriminating materials against the accused as to the offences in question; that in view of those materials, the charge sheet should not be quashed, and the trial has got to be conducted after framing necessary charges against the accused by the Special Court.