STATE REPRESENTED BY THE PUBLIC PROSECUTOR Vs. PANNERSELVAM

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred by the State of Tamil Nadu by the Public Prosecutor against the judgment of acquittal dated 15.10.1991 in C.C. No. III of 19X9. on the file of the Chief Judicial Magistrate Madurai.

(2.) THE circumstances which gave rise to the filing of this appeal are - The respondent/Accused Pannerselvam taking advantage of the registration certificate issued by the Assistant Commercial Tax Officer, printed and circulated pamphlet. Ex.P -2, that he has started a shop under the name Vigneshwara Complex at Krishna Rao Street. Dindigul. announcing household articles and furniture would be available for sale in his shop. Without giving full particulars he deceptively stated in the pamphlet Ex.P -2 that details would be available if the public approached him in person in his shop. When members of the public contracted him in person, he showed the household articles and furniture available in his shop and represented it is sufficient to pay (sic)rd of the price of the article to him and if they come after a period of 25 days, the desired article would be delivered to them without paying the remaining 2/3rd amount Believing the words of the respondent/accused P.Ws. 1 to 78 and main others paid l/3rd price of the articles and were waiting for the delivery of the articles by him after the period of 25 days. For the amount paid by P.Ws. 1 to 7X and others, the respondent/accused did not issue any regular receipt, but issued a lottery ticket -like thing in which denomination of Rs.100/. Rs.50/ etc. were printed The respondent also represented if the members of the public are willing to pay the entire price of the articles they desired to purchase, it would be delivered to them immediately When the business was picking up in this fashion, an article in a weekly by name "Tharasu" was published that the respondent had deceived the members of the public in other places by starting shops in the same way as he did in Dindigul and alter collecting huge amounts from the public representing the 1/3rd price of the articles, had disappeared without delivering them. After reading the above article, members of the public of Dindigul who paid 1/3 rd of the amount of the articles to the respondent gathered in large numbers and demanded delivery of the articles or refund of the money paid by them. The respondent did not return the money or the articles stating if all people come and demand the articles at a time, he cannot deliver the same. P.W.1 Balakrishnan. who had paid Rs.840/ - to the respondent representing l/3rd price of a dinning table and sofa -cum -bed lodged the written complaint Ex. P -l to the Deputy Superintendent of Police who inspected the shop of the respondent on 6.8.1988. A case in Crime No.211 of 1988 on the file on Dindigul Police Station (West) under Section 420 IPC was registered. PW 80 who was the Inspector of Police. Dindigul at the relevant time took up investigation, went to the shop of the respondent, examined Balakrishnan. Navarathinam. Akbar. Rangaraj and others and recorded their statements He also prepared an observation mahazar and arrested the accused on 7.8.1988 at 3.00 P.M. near the Dindigul Kottai Manamm an temple, and recorded the confession of the accused in the presence of independent witnesses, the admissible portion of which is Ex.P. -5 At 5.15 p.m he recovered M.O.1 series 77 articles and Rs.205/ - from the respondent in the presence of P.W. 79 Arumugham and another Radhakrishnan under cover of mahazar Ex.P. -3. At 10.15 p.m. on the same day from door No.31 -B of Krishna Rao first Street. he recovered M.O.2 series in the presence of the same witnesses under cover of mahazar Ex.P -4. He recorded the statements of some other witnesses and also seized bill books, pamphlets, and R.C. Book. P.W.82. who succeeded P.W.80 examined the other witnesses, completed the investigation and laid charge sheet against the respondent/accused under Section 3 and 4 of the Prize Chits and Money -Circulation Schemes (Banning)Act, 1978 and also under Section 420 IPC.

(3.) P .Ws. l to 82 were examined on the side of the prosecution. Exhibits P -l to P -8 and M.O.1 series 77 articles and M.O.2 series 128 articles were marked.