V PARVATHI Vs. CHANUMOLU NARASIMHA RAO

JUDGEMENT

(1.) Criminal Appeal No. 1369 of 2010 is filed by 19 Appellants who are stated to be Depositors of the Financial Establishment. Criminal Appeal No. 414 of 2011 is filed by the 1st Respondent who is the accused and whose property is under attachment. Both the appeals are directed against the order dated 06.10.2010 passed by the Metropolitan Sessions Judge, Vijayawada who is the Special Judge under the provisions of the A.P. Protection of Depositors of Financial Establishments Act, 1999 (in short, the Act). The 1st Respondent herein filed Crl.M.P. No. 155 of 2007 in the lower Court under Sections 190 and 200 Code of Criminal Procedure read with Sections 3, 4, 5 and 10 of the Act to grant permission to him to deposit balance of sale consideration of Rs. 70,00,000/- under the sale agreement dated 09.09.2000 executed by the 1st Respondent/accused and to direct the 2nd Respondent/Commissioner of Police, Vijayawada (Urban) to receive the same and to make preparations to execute and register valid and legal sale deed in his favour for the scheduled mentioned property.

(2.) A brief reference to background of this case is necessary. Parties in this judgment are referred to as they are arrayed in the petition Crl.M.P. No. 155 of 2007 in the lower Court. The 1st Respondent/accused was doing finance business at Vijayawada under the names of Chanumolu Financiers and Chanumolu Chit Funds. Alleging that the 1st Respondent collected huge deposits from public and failed to repay the deposits as well as interest thereon to the public, criminal case was booked against him and others for the offence punishable under Section 5 of the Act. Pending investigation, on the requisition of the Commissioner of Police, Vijayawada, the Government of A.P. passed G.O.Ms. No. 221 dated 06.10.2001 of Home (General. B) Department attaching the properties of Chanumolu Financiers, Vijayawada mentioned in the annexure thereto, in exercise of power under Section 3 of the Act. The properties attached under the said G.O. include Commercial Complex with three floors situated in Rajagopalachari Street at D. No. 27-14-57, Buckinghampet, Vijayawada-2. In the G.O. approximate value of the said complex is noted as Rs. 1 crore. It is located by the side of Buckinghampet Post-Office building. After issuing notices to the accused and others who are shown as persons having interest in the properties, the lower Court made the said ad-interim attachment absolute in the year 2002. Subsequently, the Government of A.P. passed G.O.Ms. No. 262 Home (General. B) Department, dated 26.12.2005 empowering the Special Court (lower Court) to sell the attached properties of M/s. Chanumolu Financier, Vijayawada by auction and for distribution of auction proceeds among the depositors on priority basis. The Government also directed the competent authority namely Commissioner of Police, Vijayawada to file appropriate application before the Special Court under Section 6(1) of the Act therefor. At that stage, the Petitioner who is a third party approached the lower Court with the present petition Crl.M.P. No. 155 of 2007 for the above mentioned reliefs.

(3.) It is the Petitioner's case that the 1st Respondent/accused entered into an agreement for sale dated 09.09.2010 of the schedule property namely Chanumolu Commercial Complex/Chanumolu Complex for Rs. 75,00,000/- and received advance of Rs. 5,00,000/- thereunder from him and that balance of sale consideration of Rs. 70,00,000/- has to be paid at the time of registration of sale deed and that the sale deed was agreed to be executed and registered after the litigation in respect of the property comes to an end.