DEIVAMAGAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the order passed in CRL.A.No.16 of 2007 by the Additional Sessions Judge cum Fast Track Court, Namakkal, dated 07.12.2010, confirming the order of conviction and sentence passed by the Trial Court in C.C.No.486 of 2005.

(2.) The case of the prosecution is that the petitioner, who is arrayed as A1, and his son who was arrayed as A2, were running a finance Company in the name and style of "Sri Angalamman Finance" at Rasipuram Taluk. In the course of business, they started a chit for Rs. 1,00,000/- in 50 monthly installments. The de-facto complainant by name Rahamathullah, joined the said chit on 10.04.2001 and paid the sum of Rs. 22,500/- in 26 monthly installments. On 10.06.2003, the de-facto complainant made his bid for Rs. 54,000/- after deducting a sum of Rs. 46,000/-. The accused person did not pay the amount of Rs. 54,000/- to the de-facto complainant. Similarly the other persons, who had also participated in the chit transaction were also not paid the amount due to them. The accused persons mis-appropriated the total sum of Rs. 4,09,200/- which was due and payable to 11 victims including the de-facto complainant.

(3.) A complaint was lodged before the respondent police and a case was registered in Crime No.1 of 2001 for the offences under Sections 409 and 420 IPC on 01.02.2004, and investigation was taken up. On completion of the investigation, the final report was filed on 28.10.2004 and the same was taken on file by the Trial Court in C.C.No.486 of 2005 and charges were framed against the accused persons under Sections 409 and 420 IPC. After completion of the trial, the Trial Court convicted both the accused persons and imposed the sentence of 2 years rigorous imprisonment and fine of Rs. 500/- and in default 6 months simple imprisonment, for each of the offence.