NANDHINI PRIYA TEXTILE Vs. STATE

JUDGEMENT

(1.) This Revision Petition is directed against the concurrent finding of the Courts below holding the accused persons guilty for offence under Sec. 5 of TNPID Act. While the trial Court has convicted the 1st accused Nandhini Priya Textile imposed a fine of Rs.20,000.00, sentenced the 2nd and 3rd accused to undergo 2 years Rigorous Imprisonment and to pay a fine of Rs.20,000.00 each, in default to undergo 6 months rigorous imprisonment. Aggrieved by that, the appeal was filed before the Principal District and Sessions Court, Coimbatore. On appeal, the conviction and sentence was partly modified. While confirming the conviction and sentence passed by the trial Court as against the 1st and 2nd accused, the conviction and sentence against the 3rd accused was set aside as she was found not guilty.

(2.) While modifying the sentence, the lower Appellate Court has observed that the revision petitioner Firm has collected deposits and failed to repay the same to 26 depositors including one Rakkimuthu (PW-5). While the complaint was pending, all other 25 depositors were repaid through negotiation except Rakkimuthu (PW-5), who has deposited a sum of Rs.9,900.00 under Ex.P.20, Rs.15,000.00 under Ex.P.21, Rs.40,000.00 under Ex.P.22. Whereas the Revision Petitioner has repaid only Rs.40,000.00 to PW-5, which has been admitted by PW 5 in his deposition. In such circumstances, for non-payment of the balance amount, the trial Court has held him guilty. In the revision petition, the accused would contend that three receipts which were marked as Ex.P.20 to Ex.P.22 admittedly, for Rs.9,900.00 Rs.15,000.00 and Rs.24,000.00 only. The 3rd receipt was issued in the name of Maheshwari. Even according to PW 5 in his chief examination, it was only for Rs.24,000.00. Later on, he has embellished his plea claiming that the 3rd receipt was for the deposit of Rs.40,000.00. Having paid Rs.40,000.00 as full quit, there is no criminality and therefore the lower Appellate Court ought to have acquitted him.

(3.) Heard the learned Counsel for the Revision petitioners and the learned Government Advocate representing the State.