S.PRABHU Vs. STATE

JUDGEMENT

(1.) These two appeals challenge the judgment in C.C.No.3 of 2014, dtd. 23/11/2021 passed by the learned Special Judge of the Special Court under the TNPID Act, Coimbatore. By the said judgment, the appellants, who were arraigned and prosecuted as accused Nos.1, 2, 3, and 6, were convicted of offences under Sec. 120B read with Sec. 420, Sec. 420 of the Indian Penal Code and Sec. 5 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997 (hereinafter referred to as 'TNPID Act'), and sentenced as follows:- <IMG>JUDGEMENT_110_LAWS(MAD)8_2025_1.jpg</IMG> <IMG>JUDGEMENT_110_LAWS(MAD)8_2025_2.jpg</IMG>

(2.) On 12/12/2012, N.Ponnusamy was on duty at the Nambiyur Police Station. P.W.1, Palanisamy, appeared before him and filed a complaint (Ex.P-1), stating that he was lured by an advertisement from the Company, M/s.Healthy Poultry & Farms India Pvt. Ltd., which claimed that his investments would multiply. He invested Rs.1,00,000.00 and entered into an agreement. The agreement was for a scheme involving raising country chickens, and a receipt for his deposit was issued by the owner, R.Karthika. According to the agreement, the company was to provide chicks, feed, and medical care, and in return, he would receive a monthly salary of Rs.8,500.00. Believing this, he invested the amount on 3/5/2012, and received Rs.25,000.00, representing three months' income. However, thereafter, he was not paid any further amounts. On 27/8/2012, the owner called a meeting at Nambiyur Arun Kalyana Mandapam and promised to keep the company running. Again, on 8/9/2012, she held another meeting and assured him that the outstanding amount would be paid within 15 days. Despite completing his work, the Rs.25,000.00 unit income owed to him was not paid, and the owner and others have since absconded. The owner, R.Karthika; manager Murugan; and Prabhu and Satheesh are all missing, and therefore the complaint.

(3.) On the strength of the complaint, a case in Crime No.344 of 2012 was registered for the alleged offences under Ss. 120B, 406, and 420 of the Indian Penal Code and was taken up for investigation. Thereafter, the investigation was further conducted by P.W.84, Elangovan, and ultimately, P.W.85, Murugan, completed the investigation and filed the Final Report, which was taken on file as C.C.No.3 of 2014. A total of 10 persons, connected to the proprietorship firm Healthy Poultry and Farms and the corporate entity M/s.Healthy Poultry and Farms India Pvt. Ltd., were arrayed as accused. It is reported that during the course of investigation, the eighth accused, Ramasamy, had died. Therefore, in respect of the other accused, three charges under Ss. 120B, 420 of the Indian Penal Code, and Sec. 5 of the TNPID Act, were framed on 13/10/2015.