LAWS(MAD)-2014-10-282

JAVAGAR Vs. RAMASAMY

Decided On October 17, 2014
Javagar Appellant
V/S
RAMASAMY Respondents

JUDGEMENT

(1.) The Appellant/Petitioner/A.2 has focussed the instant Criminal Appeal before this Court as against the order dated 31/8/2005 in Crl.M.P.No.1057 of 2005 passed by the Learned Special Judge under T.N.P.I.D Act (in Financial Establishments) Act, 1997.

(2.) The Learned Counsel for the Appellant/Petitioner/A.2 submits that the Appellant/Petitioner and four others were charge sheeted for offence under Section 5 of the TNPID Act, based on the complaint filed by the Respondents (P.Ws.1 and 2), alleging that in the year 1999, the Appellant/Petitioner as Managing Partner of Amaravathi Packing Industries, Udumalpet, received deposits of Rs.2,50,000/- from the First Respondent and issued two Fixed Deposit Receipts for the said amount. Also that the Appellant/Petitioner, received deposits of Rs.1,50,000/- from the Second Respondent and issued two Fixed Deposit Receipts and failed to return the principal amount and the interest. As a matter of fact, the Respondents 1 and 2 filed complaint before the Third Respondent, who after investigation filed a charge sheet against the Appellant/Petitioner and four others.

(3.) According to the Learned Counsel for the Appellant/Petitioner during the investigation, the Fixed Deposit Receipts were not subjected to Expert's Opinion and it is the contention of the Appellant/Petitioner that the Fixed Deposit receipts were never issued by them and they were forged.