LAWS(MAD)-2015-1-202

PRAGADEESWARI Vs. STATE

Decided On January 06, 2015
Pragadeeswari Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Revision petition is directed against the order in Crl. M.P. No. 1838 of 2014 in C.C. No. 15 of 2013 on the file of the learned Special Judge, Tamilnadu Protection of Interests of Depositors (TNPID) Court at Chennai, dismissing the petition filed under Section 239 Cr.P.C., for discharge. Material on record discloses that Thiru Annamalaiyar Nagai Semippu Thittam, was a scheme started in the year 2007. It was unregistered. Pension scheme is also one of the schemes floated by the petitioner. Her husband Kumararaja (A4) and others viz., Veera Manikandan (A6) and Bhagwan Dhas were also parties to the scheme. Believing the representation and promises, deposits have been made in M.S.I.S. Solutions, company of the accused/petitioner. Interest was initially paid. Thereafter, there was default in payment of interest and principal amount, which resulted in a complaint in CCB Cr. No. 200/2010 u/s. 420 r/w 34 IPC registered and taken up for investigation. Thereafter, the case has been transferred to EOW and re-registered as EOW II Cr. No. 5/2010 u/s. 420 r/w 34 IPC on 09.06.2010. Material on record further discloses that the abovesaid company is not registered with the Registrar of Companies or Registrar of Firms (Chits).

(2.) On the proposal for ad-interim attachment of the movable landed properties and vehicles seized, Government have issued orders vide G.O.Ms. No. 33, dated 11.01.2013. The competent authority/District Revenue officer, Chennai, has also filed an application before this Court for absolute attachment orders in O.A. No. 2 of 2014 in S.R. No. 294 of 2013.

(3.) When the matter stood thus, petitioner has sought for discharge under Section 239 Cr.P.C. After hearing the rival submissions, vide order in Crl. M.P. No. 1838 of 2014 in C.C. No. 15 of 2013 dated 10.12.2014, the learned Special Judge, Tamilnadu Protection of Interests of Depositors (TNPID) Court, dismissed the application.