REBECCA Vs. STATE

JUDGEMENT

(1.) THE petitioners seek to quash the charge made in C.C. No. 8 of 1998 on the file of the Special Court constituted under Tamil Nadu Protection of Interest of Depositors Act, 1997 (hereinafter referred to as the Act).

(2.) ACCORDING to the petitioners, even though they are partners of a firm called Omega Commercial Credits and Investments, having office at 18, South Boag Road, T. Nagar, Madras 17, they are not active partners of the said firm not they participate in any of the affairs or business of the firm, such as collecting the deposits, etc., on behalf of the firm.

(3.) PER contra, Mr. N.R. Elango, learned Government Advocate, while fairly conceding that there is no allegation against the petitioners, either in the FIR or in the statement obtained under Section 161, Cr.P.C., contends that the petitioners are still chargeable for criminal conspiracy, punishable under Section 120-B read with 420, IPC and Section 4,5, and 6 of the Chits Act. In this regard, he places reliance on the decision State v. Nalini , 1999 SCC (Crl.) 691 and Delhi Development Authority v. Skipper Construction Co., (P) Ltd. , 1996 (II) CTC 557 : AIR 1996 SC 2005.