D RAJKUMAR Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner is the 5th accused in C.C.No.18 of 2012 on the file of the learned Special Judge, Coimbatore under the Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, (in short 'TANPID Act'). Originally there were totally 4 accused, wherein A1 is the company. Subsequently, the present investigation officer who had laid 2nd additional charge sheet on 29.03.2016 by arraying the petitioner as A-5, before the learned Special Judge and the same was taken on file. At present, there are totally 5 accused in the case. These accused are stated to have committed offences punishable under Sections 120(b), 420 of IPC and 5 of TANPID Act 1997. Seeking for discharge, the 5th accused who is the petitioner herein filed Crl.M.P.No.2804 of 2016 before the lower Court. The Special Court by order dated 08.03.2017 dismissed the said petition. Aggrieved by the same, the petitioner preferred a revision petition before this Court and subsequently withdrawn as not press and the petitioner is before this Court with this present revision.

(2.) I heard Mr.A.Gokulakrishnan, learned counsel for the petitioner and Mr.R.Suriya Prakash, learned Government Advocate (Criminal Side) for the 1st respondent. I have also perused the records carefully. The case is listed today for final hearing, the 2nd respondent/de-facto complainant after issuance of notice did not appear on the earlier occasion as well as even today also neither the 2nd respondent nor his counsel appeared. It appears that the 2nd respondent is not interested in prosecuting this petition.

(3.) The case of the prosecution in brief is as follows: