Star Farms And Polutry v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.602 of 2021 and Crl.M.P.Nos.8549 & 351 of 2021 1.Star Farms & Poultry, 20/362, Main Road, Near Mariyamman Kovil, Vellode-638 112.

Erode District.

2.S.Kamal Basha 3.K.Ammu 4.S.Shafi 5.K.P.K.Periyasamy ... Petitioners [Petitioners 3 to 5 impleaded as per order, dated 06.09.2021 in Crl.M.P.No.8552 of in Crl.O.P.No.602 of 2021] Vs.

1.State represented by, Inspector of Police, Economic Offences Wing-II, Erode.

2.The Competent Authority, District Revenue Officer, Erode.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to exercise under Section 5A of TNPID Act and compound the offences in C.C.No.14 of 2012 on the file of the Special Judge, Special Court under Tamil Nadu Protection of Interest of Depositor Act, Coimbatore, in pursuant to the settlement between company and depositors.

For Petitioners:

Mr.G.Murugendran For Respondents:

Mr.A.Damodaran Government Advocate [Crl. Side] *****

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent to exercise under Section 5A of TNPID Act and compound the offences in C.C.No.14 of 2012 on the file of the Special Court under Tamil Nadu Protection of Interest of Depositor Act, Coimbatore, in pursuant to the settlement between company and depositors.

2.It is seen that in this case, there are totally 119 depositors and the total amount cheated is to the tune of Rs.2,88,53,500/-. Out of 119 depositors, the amount of 89 depositors were settled. This Court, by order, dated 16.03.2021 directed the 1st respondent Police to verify with the remaining 30 depositors with regard to the settlement made to them by the petitioners. In obedience to the order of this Court, the 1st respondent verified that out of remaining 30 depositors, the amount has been settled to 24 depositors and balance 6 depositors to be verified. Thereafter, the remaining 6 depositors were verified. Thus, all the depositors amounts are settled and the learned Government Advocate filed status report, dated 07.08.2021 to that effect. Now, the entire due amount has been settled, paid and deposited to all the depositors.

3.The learned Government Advocate (Crl. Side) appearing on behalf of the respondent Police on instructions submitted that the entire due amount of Rs.2,88,53,500/- has been paid to the depositors.

4.In view of the Section 5(A) of the TNPID Act that the offence under TNPID Act can be compounded on payment of the entire amount due to the depositors with or without interest and Section 420 IPC is also compoundable offence and in view of the entire amount paid to depositors who claimed the amount, this Court is inclined to quash the proceedings against the petitioners.

5.In the result, this Criminal Original Petition is allowed and the proceedings in C.C.No.14 of 2012 on the file of the Special Judge, Special Court under the Tamil Nadu Protection of Interests of Depositors Act, 1997, Coimbatore is hereby quashed. Consequently, the connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar

vv2 To 1.The Special Court for the Tamil Nadu Protection of Interests of Depositors Act, 1997, Coimbatore.

2.The Inspector of Police, Economic Offences Wing-II, Erode.

3.The Competent Authority, District Revenue Officer, Erode.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Murugendran, Advocate, S.R.No.47428 Crl.O.P.No.602 of 2021 RLD(CO) CB(18/10/2021)