Shanmugasundaram v. S.Mani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2017

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR Crl.A.Nos.308, 319, 321, 338 & 339, 341, 348, 349, 353, 354, 355 & 356, 364, 365, 371, 373, 425, 494, 513, 515, 517, 530, 606, 607, 631, 653 of 2014, 63, 80, 118, 136 & 137, 145, 148, 174, 195, 219, 274, 302, 312, 316, 320, 328, 334, 338, 346, 355, 356, 361, 368, 369, 370, 371, 377, 388, 392, 393, 398, 405, 406, 417, 434, 435, 436, 442, 443, 444, 450, 451, 473, 475, 479, 605, 682, 689, 692, 700, 701, 702, 722, 723, 752, 753, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 765, 766 and 768 of 2015 SHANMUGASUNDARAM ... Appellant in CRL A.308 of 2014 K.K.Kuppammal(Deceased) 1.K.N.ARUMUGAM 2.A.POONGAVANAM 3.A.RAJAKUMAR 4.SELVI.RAJALAKSHMI 5.SELVI.DHANALAKSHMI 6.SELVI.HEMAVATHI ALL ARE RESIDING AT PLOT NO.273 5TH STREET SAMAYAPURAM PORUR CHENNAI ... Appellants in CRL A.319 of 2014 DEVAGI ...

Appellant in CRL A.321 of 2014 DECCAN WIRES & WELDING PRODUCT P LTD REP BY ITS MARKETING MANAGER R.M.SELVAM SON OF R.MARUDHA NAYAGAM NO.10TH K.M.KELAMANGALAM ROAD AGGONDAPALLI VILLAGE HOSUR KRISHNAGIRI ... Appellant in CRL As.338 & 339 of 2014 T.DHURUVASAN ... Appellant in CRL A.

M/S.SATHYA GRANITES BY ITS PROP.P.K.POWNRAJ NO.5-A RAILWAY PARALLEL ROAD KUMARASAMY PETTAI DHARMAPURI TOWN AND DISTRICT REP.BY P.O.A.RAJA @ NANJAPPAN ... Appellant in CRL A.348 of 2014 MRSS.MARY RUBALA ... Appellant in CRL A.349 of 2014 M.PALANISAMY ... Appellant in CRL A.353 of 2014 S.SAKTHIVEL ... Appellant in CRL A.354 of 2014 R.PONNUSAMY MANAGING PARTNER REP.FOR DHARANI FINANCE NO.160/1 G.R.COMPLEX GROUND FLOOR THEPPAGOLAM ST OPP.TO OLD BUS STAND TIRUCHENGODE TK NAMAKKAL ... Appellant in CRL As.355 & 356 of 2014 M.Palanisamy (Died) 1.LOGANAYAKI W/O LATE M.PALANISAMY 2.ARUN KUMAR S/O LATE M.PALANISAMY 3.PRIYANKA D/O LATE M.PALANISAMY MINOR REP BY HER MOTHER AND NATURAL GUARDIAN TMT.LOGANAYAKI 4.ARUKKANIAMMAL W/O MARAPPAGOUNDER ALL ARE RESIDING AT ALLIKADU THOTTAM K.V.R.NAGAR KARUVAMPALAYAM MANGALAM ROAD TIRUPUR ... Appellants in CRL A.364 of 2014 SACHITHANANDAM ... Appellant in CRL A.365 of 2014 S.SENTHIL KUMAR ... Appellant in CRL A.371 of 2014 MOHANAVEL ... Appellant in CRL A.373 of 2014 J.THANGARAJ S/O.B.JAGADEESAN ... Appellant in CRL A.425 of 2014

D.PANNEER SELVAM ... Appellant in CRL A.494 of 2014 N.SANKARAN ... Appellant in CRL A.513 of 2014 K.SIVAKUMAR ... Appellant in CRL A.515 of 2014 K.SRINIVASAN ... Appellant in CRL A.517 of 2014 S.KALAIYARASU ... Appellant in CRL A.530 of 2014 R.MULLAINATHAN ... Appellant in CRL A.606 of 2014 M/S.GENIET GAARMENTS REP BY ITS PARTNER TMT.S.LATHA 3/55 MANIAKARAR THOTTAM MAIN ROAD PATTANAM POST ONDIPUDUR COIMBATORE ... Appellant in CRL A.607 of 2014 MUTHUKUMAR (DIED) E.PALANIMMAL W/O.EASWARAN DOOR NO.4/73 CHINNANDHIPALAYAM VILLAGE ANDIPALAYAM POST TIRUPPUR TALUK TIRUPPUR DISTRICT.

... Appellant in CRL A.631 of 2014 M/S.SREE GOKULAM CHITS & FINANCE COMPANY (P) LIMITED REPRESENTED BY ITS POWER AGENY MR.K.SATHEESH KUMAR NO.66 ARCOT ROAD KODAMBAKKAM CHENNAI.

... Appellant in CRL A.653 of 2014 S.ELANGEERAN PROPRIETOR OF VIJAYAKUMARI CASHEWS NO.165 PADASALAI STREET VEGAKOLLAI & POST PANRUTI TALUK CUDDALORE DT ... Appellant in CRL A.63 of 2015 K.MURUGAN ... Appellant in CRL A.80 of 2015 D.KUMAR ... Appellant in CRL A.118 of 2015 GULZAR BEGUM W/O.SYED AKBAR ALI REPRESENTED BY HER POWER OF ATTORNEY MOHAMMED YUSUF NO.27 KALAVAI STREET CHINTADRIPET CHENNAI.

... Appellant in CRL As.136 & 137 of 2015

M/S.HARI CHITS & FINANCES REP.BY ITS POWER OF ATTORNEY AGENT THIRU.P.SIVAKUMAR S/O.K.PANCHAKCHARAN CARRYING BUSINESS AT NO.68 PACHAIAPPAN STREET KANCHIPURAM ... Appellant in CRL A.145 of 2015 VIGNESWARA TEX REP BY ITS POWER AGENT MANAGER R.ANANTHAKUMAR S/O.RAKKIANNAN NO.51 (OLD NO.94) 4TH STREET VENKATESAPURAM METTUPALAYAM P.N.ROAD TIRUPUR.

... Appellant in CRL A.148 of 2015 M/S INDIA CEMENTS CAPITAL LTD REP BY ITS POWER OF ATTORNEY HOLDER AND ASSISTANT MANAGER M.VENKATRAMAN DHUN BUILDING 3RD FLOOR NO.827 ANNA SALAI CHENNAI ... Appellant in CRL A.174 of 2015 M/S.SREE GOKULAM CHITS & FINANCE COMPANY (P) LTD REP.BY ITS POWER AGENT MR.K.SATHEESHKUMAR NO.66 ARCOT ROAD KODAMBAKKAM CHENNAI 24 ... Appellant in CRL A.195 of 2015 P.C.PRABAKARAN ... Appellant in CRL A.219 of 2015 MR.K.PADMANATHAN ... Appellant in CRL A.274 of 2015 S.S.KUMAR ... Appellant in CRL A.302 of 2015 A.L.VAIRAVAN PROPRIETOR OF VAIRAVAN & SONS 30/3 MALAVIA STREET RAM NAGAR COIMBATORE.

... Appellant in CRL A.312 of 2015 P.PERIYATHAMBI ... Appellant in CRL A.316 of 2015 P.SENTHILRAJAN ... Appellant in CRL A.320 of 2015 H.THARIQ AHAMED ... Appellant in CRL A.328 of 2015 P.RANGASAMY ... Appellant in CRL A.334 of 2015 L.VENUGOPAL ... Appellant in CRL A.338 of 2015

M/S.JMR FINANCE REP.BY ITS POWER AGENT MR.S.KUMAR NO.44/12 KOTHANDARAMAN LANE OLD WASHERMENPET CHENNAI 21 ... Appellant in CRL A.346 of 2015 R.JAGANATHAN ... Appellant in CRL A.355 of 2015 M/S.JPN ENTERPRISES REP. BY ITS PROPRIETOR MR.N.SATHYANARAYANAN REP. BY POWER AGENT MR.M.SUBASH CHANDRABOSE NO.62/108 KALIAMMAN KOIL STREET FLAT NO. A NARMADA NATESAN NAGAR VIRUGAMBAKKAM CHENNAI-600 092.

... Appellant in CRL A.356 of 2015 M/S.STANDARD COLOURS PARTNERSHIP FIRM REP.BY ITS PARTNER G.SURESH KUMAR S.F.NO.642 SUNDA MEDU MURUGAMPALAYAM ROAD VEERAPANDI VILLAGE TIRUPPUR TK AND DIST.

... Appellant in CRL A.361 of 2015 C.NATARAJAN ... Appellant in CRL A.368 of 2015 R.JAGANATHAN ... Appellant in CRL As.369 & 370 of 2015 C.ANAND ... Appellant in CRL A.371 of 2015 S.MUKANCHAND BOTHRA ... Appellant in CRL A.377 of 2015 B.JAYAKUMAR S/O.P.BAKIYANATHAN PROPRIETOR SANGEETHA CONSTRUCTIONS NO.3/191 RADHAKRISHNAN NAGAR THIRUPUR.

... Appellant in CRL A.388 of 2015 SANKARAN ... Appellant in CRL A.392 of 2015 M/S.TAURUS AROMATICS & PHYTOCHEMICALS LIMITED REP BY ITS AUTHORIZED SIGNATORY MR.BABY THOMAS RD EAST STREET KAMARAJ NAGAR THIRUVANMIYUR CHENNAI.

... Appellant in CRL A.393 of 2015 M/S.SEAHORSE TRADING PRIVATE LIMITED REP BY ITS AUTHORIZED SIGNATORY MR.BABY THOMAS 55 3RD EAST STREET KAMARAJ NAGAR THIRUVANMIYUR CHENNAI.

... Appellant in CRL A.395 of 2015

MANIAMMAL ... Appellant in CRL A.398 of 2015 N.S.MUTHUVEERAN ... Appellant in CRL A.405 of 2015 S.KARTHIKEYAN ... Appellant in CRL A.406 of 2015 M.SENGOTTUVELVAN ... Appellant in CRL A.417 of 2015 MKM DINESH REP. BY ITS POWER OF ATTORNEY V.RAJKUMAR S/O.A.K.VENKATACHALAPATHY NO.11 KURINJI NAGAR GOBICHETTIPALAYAM.

... Appellant in CRL A.434 of 2015 S.SRIDHARA PARIPOORANAM ... Appellant in CRL A.435 of 2015 E.VELAN ... Appellant in CRL A.436 of 2015 P.SIVASHANKAR ... Appellant in CRL A.442 of 2015 MR.F.SURESH XAVIER THOMAS ... Appellant in CRL A.443 of 2015 STATE BANK OF INDIA REP. BY CITY CASE OFFICER R.VEERAPANDIAN STRESSED ASSETS RECOVERY BRANCH (S.A.R.B.) RED CROSS BUILDING II FLOOR NO.32 MONTIETH ROAD EGMORE CHENNAI - 8 ... Appellant in CRL A.444 of 2015 G.KARTHIGEYAN PROP INTRACHEM COMPANY REP BY POWER OF ATTORNEY M.SELVAN D-254 CUTCHERRY STREET ERODE.

... Appellant in CRL A.450 of 2015 N.S.THANGAVEL ... Appellant in CRL A.451 of 2015 V.RANGASAMY ... Appellant in CRL A.473 of 2015 A.ASAITHAMBI ... Appellant in CRL A.475 of 2015 M/S.EAGLE STAR EXIM INDIA P LTD.

REPRESENTED BY ITS DIRECTOR K.MANOHARAN DOOR NO.47 ROOM NO.3 1ST FLOOR AREMENIAN STREET PARRYS CHENNAI.

... Appellant in CRL A.479 of 2015 M. NAGARAJAN ... Appellant in CRL A.605 of 2015

M.SURESH BABU S/O.K.MURUGAN PARTNER EXPRESS SERVICE STATION OPP. TO ASHOK LEYLAND UNIT-1 ZUZUVADI HOSUR TALUK KRISHNAGIRI DISTRICT.

... Appellant in CRL A.682 of 2015 A.RAMARAJ ... Appellant in CRL A.689 of 2015 HARISH KUMAR PROPRIETOR M/S.VIKAS STEELS NO.769 & 770 T.H.ROAD NEW WASHERMENPET CHENNAI-600 081.

... Appellant in CRL A.692 of 2015 LEENA B.IRANI ... Appellant in CRL A.700 of 2015 ZAHIR B.IRANI ... Appellant in CRL A.701 of 2015 BOMMAN M. IRANI ... Appellant in CRL A.702 of 2015 RAMANANDA REDDY ... Appellant in CRL A.722 of 2015 MOHANASUNDARAM ... Appellant in CRL A.723 of 2015 T.N.K.GOVINDARAJU CHETTY & CO. PVT. LTD.

TNK HOUSE II FLOOR NO.48 ANNA SALAI CHENNAI - 2 REP. BY RAMANJULU ASSISTANT MANAGER ... Appellant in CRL As.752, 753, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 765, & 766 of 2015 C.BASKER ... Appellant in CRL A.768 of 2015 Vs.

S.MANI ... RESPONDENT in CRL A.308 of 2014 /Accused A.M.SESHADRI ... RESPONDENT in CRL A.319 of 2014 /Accused A.KANNAN @ ABI KABILAN ... RESPONDENT in CRL A.321 of 2014 1.N.KUMAR 2.M/S.NEW GRACE AUTOMECH PRODUCTS PRIVATE LTD REP BY ITS M.D.MR.N.KUMAR ... RESPONDENTs in CRL A.338 & 339 of 2014

C.PADMA ... RESPONDENT in CRL A.341 of 2014 1.VIVEK S.HEBBER 2.DREAM LOGISTICS COMPANY (I) PVT LTD.

DREAM CHAMBERS NEW BUS STAND YELLAPUR POST KARNATAKA STATE ... RESPONDENTs in CRL A.348 of 2014 MR.G.PANNIRSELVAM ... RESPONDENT in CRL A.349 of 2014 MR.OMPRAKASH SHROFF ... RESPONDENT in CRL A.353 of 2014 R.ILLANGOVAN ... RESPONDENT in CRL A.354 of 2014 P.PERIYASAMY ... RESPONDENT in CRL As.355 & 356 of 2014 M.RAJAN PROPRIETOR M/S.M.R.P APPARELS POST BOX NO.23 NO.1/4 PALAYAKKADU B.S.SUNDARAM ROAD UTHUKULI ROAD TIRUPUR ... RESPONDENT in CRL A.364 of 2014 S.SIVALINGAM ... RESPONDENT in CRL A.365 of 2014 V.NAGARAJAN ... RESPONDENT in CRL A.371 of 2014 BADRINARAYANAN ... RESPONDENT in CRL A.373 of 2014 D.PANNERSELVAM ... RESPONDENT in CRL A.425 of 2014 R.MADAN KUMAR ... RESPONDENT in CRL A.494 of 2014 THE INSPECTOR OF POLICE VIGILANCE AND CORRUPTION SALEM.

... RESPONDENT in CRL A.513 of 2014 SRIMATHI VANIPRIYA ... RESPONDENT in CRL A.515 of 2014 VIJAYA BHARATHI @ C.K.MURUGAVEL ... RESPONDENT in CRL A.517 of 2014 VELUCHAMY S/O.SUBRAMANI T.N.NO.63077 PAINT SHOP.

M/S.ASOK LEYLAND UNIT II 77 SIPCOT ELECTRONICS COMPLEX PHASE-II KIMUDEPALLI HOSUR KRISHNAGIRI DISTRICT.

... RESPONDENTs in CRL A.530 of 2014

A.KUPPUSAMY ... RESPONDENT in CRL A.606 of 2014 1.KASTHURU UDHAYAKUMAR PROPRIETRIX M/S.OM ENTERPISES NO.66 3RD B MAIN SARASWATHI NAGAR VIJAYA NAGAR BANGALORE.

2.M/S.SIVJERA SALES CORPORATION REP BY ITS VICE PRESIDENT MR.U.PRADEEP KUMAR NO.66 3RD B MAIN SARASWATHI NAGAR VIJAYA NAGAR BAGNALORE 3.U.PRADEEP KUMAR VICE PRESEIDENT M/S.SIVJERA SALES COPORATION NO.66. 3RD B MAIN SARASWATHI NAGAR VIJAYA NAGAR BANGALORE ... RESPONDENTs in CRL A.607 of 2014 1.RICH FABS REP BY ITS PARTNER M.SHANMUGAM S/O.MARAPPAN GOUNDER DOOR NO.405 KAMARAJA ROAD TIRUPPUR.

2.M.SHANMUGAM S/O.MARAPPA GOUNDER DOOR NO.405 KAMARAJ ROAD TIRUPPUR.

... RESPONDENTs in CRL A.631 of 2014 R.SIVAKUMAR ... RESPONDENT in CRL A.653 of 2014 MAHEMA INTERNATIONAL PROPRIETOR MAHESHWARI NO.46 THIYAGARAYA STREET PONDICHERRY ... RESPONDENT in CRL A.63 of 2015 E.KARTHICK EGAMBARAM ... RESPONDENT in CRL A.80 of 2015 V. RAJA ... RESPONDENT in CRL A.118 of 2015 SHEIK ISMAIL ... RESPONDENT in CRL A.136 of 2015 SYED ZAMEER ... RESPONDENT in CRL A.137 of 2015 BUILD MAT TRADERS REP.BY ITS SOLE PROPRIETOR THIRU KAMESHWARAN S/O.V.SANKARAN REP.BY HIS POWER OF ATTORNEY HOLDER V.SANKARAN S/O.VISWANATHA MUDALIAR NOW RESIDING AT NO.323 GANDHI ROAD KANCHEEPURAM TOWN ... RESPONDENT in CRL A.145 of 2015

1.M/S.SANDIL GARMENTS REP BY ITS MANAGING PARTNER C.DURAISAMY S/O.SENNIAPPAN DOOR NO.8/145 THIYAGI PALANISAMY NAGAR PANDIANNAGAR POOLUVAPATTI POST TIRUPUR TALUK & DISTRICT.

2.C.DURAISAMY ... RESPONDENTs in CRL A.148 of 2015 1.MR.S.B.SHABIR PROPRIETOR P.K.S. AL-189 11TH MAIN ROAD ANNA NAGAR CHENNAI ALSO AT NO.52/12 SOUNDARYA COLONY NEAR CST EWART MAT HR.SEC SCHOOL ANNA NAGAR WEST EXTENSION CHENNAI ... RESPONDENT in CRL A.174 of 2015 K.C.MOHANAN PROP.M/S.SABARI ELECTRICALS PARAKKAL MAHE (PO) KERALA 673 310.

... RESPONDENT in CRL A.195 of 2015 V.SRINIVASAN ... RESPONDENT in CRL A.219 of 2015 MR.ANTONIRAJ ... RESPONDENT in CRL A.274 of 2015 PURUSHOTTAMAN ... RESPONDENT in CRL A.302 of 2015 C.S.PREMANAND ... RESPONDENT in CRL A.312 of 2015 P.GANESAN ... RESPONDENT in CRL A.316 of 2015 G.RAVICHANDRAN ... RESPONDENT in CRL A.320 of 2015 INIYATH KHAN S/O.KASIM KHAN AUTHORIZED SIGNATORY OF THE ROYAL CARS DOOR NO.217/8ML II EB COLONY DURAISAMY RADHIKA ILLM ALAGAPURAM SALEM - 16 ... RESPONDENT in CRL A.328 of 2015 M.SENTHIL KUMAR ... RESPONDENT in CRL A.334 of 2015 K.MUTHUKUMAR ... RESPONDENT in CRL A.338 of 2015 1.KANMANI SERVICE STATION NO.1 SYNDHAMS ROAD CHOOLAI CHENNAI.

2.A.R.ROSEKUMAR PARTNER M/S.KANMANI POLICE STATION NO.1 SYNDHAMS ROAD CHOOLAI CHENNAI ... RESPONDENTs in CRL A.346 of 2015 K.V.VAIDEESWARAN SPECIAL ASSISTANT PUNJAB NATIONAL BANK OPPANAKARA ST COIMBATORE ... RESPONDENT in CRL A.355 of 2015 M/S.INNOVA ENTERPRISES REP. BY ITS AUTHORIZED SIGNATORY AND PROPRIETOR MRS.K.M.ABITHA BANU NO.3/614 SOUTH AVENUE ROAD MUTAMIL NAGAR KODUNGAIYUR CHENNAI-600 118.

ALSO HAVING ADDRESS AT MRS.K.M.ABITHA BANU D-2 VICTORIA BLOCK R.C.APARTMENT KAMARAJAR SALAI MOOLAKADAI CHENNAI-600 118.

... RESPONDENT in CRL A.356 of 2015 V.PERIYASAMY PROP.OF M/S.KRISHNA EXPORTS DOOR NO.6 ANNUPERPALAYAM PUDHUR NO.15 VELAMPALAYAM TIRUPPUR ... RESPONDENT in CRL A.361 of 2015 R.MUTHUSWAMY ... RESPONDENT in CRL A.368 of 2015 P.VEMBU RAJ ... RESPONDENT in CRL As.369 & 370 of 2015 R.MUTHUSWAMY ... RESPONDENT in CRL A.371 of 2015 1.RAJIV GANDHI MEMORIAL EDUCATIONAL CHARITABLE TRUST REP. BY ITS TRUSTEES ACCUSED 2 TO 8 36 ANJANEYAR KOIL STREET CHENNAI-600 056.

2.S.PARAMASIVAM PILLAI 3.MRS.M.SHANMUGA SELVI 4.PARAMASIVAM ... RESPONDENTs in CRL A.377 of 2015 A.PAUL VINCENT ... RESPONDENT in CRL A.388 of 2015 1.KRISHNA SEKO FACTORY REP BY ITSPROPREITOR MR.M.PUSHPASEKARAN S/O.MARIAPPA GOWNDER POTTI REDDY PATTI ALNGANATHAM POST NAMAKKAL TALUK & DISTRICT.

2.M.PUSHPASEKARAN ... RESPONDENTs in CRL A.392 of 2015 1.M/S.NUTRAGEN PHARMA PRIVATE LIMITED T.C.51/1055 INSUTRIAL ESTATE PAPPANAMCODE TRIVANDURM REP BY ITS MANAGING DIRECTOR JAYASANKAR SUJAYA BABU 2.JAYASANKAR SUJAYA BABU MANANGING DIRECTOR M/S NUTRAGEN PHARMA PRIVATE LIMITED 1-A KALPAKA NAGAR CHACKAIA THIRUVANANDAPURAM.

... RESPONDENTs in CRL As.393 & 395 of 2015 K.FLORA ZANIFER ... RESPONDENT in CRL A.398 of 2015 E.DHACHINAMOORTHY ... RESPONDENT in CRL A.405 of 2015 1.M/S.SURYA AND SHARMA RAPIAR THE REGISTERED FIRM REP BY ITSPARTNER M.VIMAL 47/A J.M.LANE KOMARAPALAYAM TIRUCHENGODE TALUK NAMAKKAL DISTRICT.

2.M.VIMALA W/O.P.MURUGAN PARTNER M/S.SURYA AND SHARMA RAPIAR 47/A J.M.LANE KOMARAPALAYAM TIRUCHENGODE TALUK NAMAKKAL DISTRICT.

3.P.MURUGAN S/O.PALANISAMY PARTNER M/S.SURYA AND SHARMA RAPIAR 47/A J.M.LANE KOMARAPALAYAM TIRUCHENGODE TALUK NAMAKKAL DISTRICT.

... RESPONDENTs in CRL A.406 of 2015 S.KAILASAPATHY ... RESPONDENT in CRL A.417 of 2015 B.U.MUTHUSAMY ... RESPONDENT in CRL A.434 of 2015 R.K.RAVIKUMAR ... RESPONDENT in CRL A.435 of 2015 MADHAVAN M/S.SREE AMMAN ASSOCIATES C/O.MAHALAKSHMI EXROX NO.27 GROUND FLOOR CHANDRA COMPLEX NETHAJI ROAD HOSUR KRISHNAGIRI DISTRICT.

... RESPONDENT in CRL A.436 of 2015

LATHA W/O.RASJAGOPAL PROP. STIKCHEMS NO.21/3 KASI INDUSTRIAL ESTATE JAFFERKHANPET CHENNAI ... RESPONDENT in CRL A.442 of 2015 1.MR.C.GOPAL S/O.(LATE) MR.CHINNASWAMY PROPRIETOR M/S.R.K.G.TIME CENTRE COONOOR THE NILGIRIS 2.MR.R.K.G.TIME CENTRE REP. BY ITS PROPRIETOR MR.C.GOPAL D.NO.64 MOUNT ROAD COONOOR THE NILGIRIS ... RESPONDENTs in CRL A.443 of 2015 SHRI AMBRISH NEEMATH PROPRIETOR M/S. MATHURA SARASWATHY CONSTRUCTIONS NEELADANDAN NO.464/12 7TH MAIN ROAD ANNA NAGAR CHENNAI - 40 AND ALSO HAVING ANOTHER ADDRESS AT NO.A-1 SHANTHI SAGAR VIJAI SHANTHI APARTMENTS DR.RADHA KRISHNAN SALAI A.T.NAGAR PO CHENNAI - 87 ... RESPONDENT in CRL A.444 of 2015 T.NELSON PROP AND AUTHORISED PERSONS M/S.OSMINI NAGAR SAIBABA COLONY POST COIMBATORE.

... RESPONDENT in CRL A.450 of 2015 N.JAYASHREE PROPRIETRIX SREE LAKSHMI BALAJI AGENCIES C/O.A.BALASUBRAMANIAN OPP. TO FLOWER MARKET D.NO.11A LANKARGANA ROAD COIMBATORE PO COIMBATORE ... RESPONDENT in CRL A.451 of 2015 VIJAYALAKSHMI PROPS. SRI ABIRAMI GAS AGENCIES D.NO.391 TRICHY ROAD KUMAR PHOTO STUDIO BUILDING SINGANALLUR COIMBATORE ... RESPONDENT in CRL A.473 of 2015 S.VENKATARAMANA S/O.VENKATESHWARALU ELECTRICAL FITTER - TECH. GRADE -I TOKEN NO.LW/2887 ELECTRICAL WORKSHIP SOUTHERN RAILWAY AYANAVARAM CHENNAI-23.

... RESPONDENT in CRL A.475 of 2015

K.SURESHBABU PROPRIETOR KHANDAN MINERALS K.K.GARDEN PLOT NO.47 2ND STREET SUMITHRA NAGAR POONAMALLEE CHENNAI.

... RESPONDENT in CRL A.479 of 2015 R.RAMESH ... RESPONDENT in CRL A.605 of 2015 BYRAPPA ... RESPONDENT in CRL A.682 of 2015 1.UTHRAKALIAMMAN INFRASTRUCTURE PVT. LTD.

REP. BY ITS DIRECTOR MELKARAIPATTI PALANI TALUK NOW HAVING ADD. AT 248 THALAKKARAI PALLAM ZAMIN MUTHUR P.O. POLLACHI TALUK.

2.M.ARULMOZHI W/O.MANIKANDARAJ DIRECTOR OF UTHRAKALIAMMAN INFRASTRUCTURE PVT LTD. MELKARAIPPATTI PALANI TALUK NOW HAVING ADD. AT 248 THALAKKARAI PALLAM ZAMIN MUTHUR P.O. POLLACHI TALUK.

... RESPONDENTs in CRL A.689 of 2015 MR.SUNIL PROPRIETOR M/S.S.N.STEELS 1050/12 T.H.ROAD THANGAL CHENNAI-600 019.

... RESPONDENT in CRL A.692 of 2015 BABU RAJ NO.200/146 GOVINDAPPA NAICKEN STREET CHENNAI.

... RESPONDENT in CRL As.700, 701 & 702 of 2015 C.RAJESH ... RESPONDENT in CRL A.722 of 2015 SATHISH ... RESPONDENT in CRL A.723 of 2015 P.BALAKRISHNAN ... RESPONDENT in CRL As .752, 753, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 765 & 766 of 2015 KRISHNAVENI ... RESPONDENT in CRL A.768 of 2015 Prayer in Crl.A.No.308 of 2014 : This appeal filed under Section 378 of Code of Crimial Procedure against the judgment dated 08.06.2013 passed in STC NO.114 of 2012 on the file of Judicial Magistrate (Fast Track Court) at Magestrial Level-II, Coimbatore.

Prayer in Crl.A.No.319 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 14.10.2011 passed in CC NO.891 of 2007 on the file of V Metropolitan Magistrate, Egmore, Chennai- 8.

Prayer in Crl.A. No.321 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 19.02.2014 passed in CC No. 84 of 2010 on the file of District Munsif-cum- Judicial Magitrate, Vaniyambadi. Prayer in Crl.A. No.338 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 08.04.2014 passed in STC No. 175 of 2013 on the file of Judicial Magitrate-cum- Fast Track Court, Hosur. Prayer in Crl.A. No.338 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 08.04.2014 passed in STC No. 172 of 2013 on the file of Judicial Magitrate-cum- Fast Track Court, Hosur. Prayer in Crl.A. No.341 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 27.03.

2014 passed in STC No. 99 of 2013 on the file of Judicial Magitrate-cum- Fast Track Court, Hosur. Prayer in Crl.A. No.348 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 23.11.2012 passed in STC No. 135 of 2011 on the file of Judicial Magistrate-cum- Fast Track Court, Dharmapuri. Prayer in Crl.A. No.349 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 09.11.2011 passed in STR No. 268 of 2000 on the file of Judicial Magistrate No.II, Puducherry.

Prayer in Crl.A. No.353 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 23.04.2014 passed in CC NO.2 of 2012 on the file of Judicial Magistrate No.VI, Coimbatore.

Prayer in Crl.A. No.354 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 26.06.2012 passed in CC NO.1022 of 2009 on the file of Judicial Magistrate No.II, Coimbatore.

Prayer in Crl.A. No.355 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 14.03.2014 passed in STC NO.156 of 2013 on the file of Judicial Magistrate -cum- Fast Track Court (Magisterial Level), Tiruchengode.

Prayer in Crl.A. No.356 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 14.03.2014 passed in STC NO.188 of 2013 on the file of Judicial Magistrate -cum- Fast Track Court (Magisterial Level), Tiruchengode.

Prayer in Crl.A. No.364 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 13.02.2014 passed in STC NO.5 of 2013 on the file of Special Judicial Magistrate (Special Court for Land Grabbing Cases, Tirupur).

Prayer in Crl.A. No.365 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 15.04.2014 passed in CC NO.51 of 2012 on the file of Judicial Magistrate No.II, Walajapet, Vellore District. Prayer in Crl.A. No.371 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 27.03.2014 passed in STC NO.57 of 2012 on the file of Judicial Magistrate (Fast Track Court), Dharmapuri. Prayer in Crl.A. No.373 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 26.03.2013 passed in CC NO.152 of 2009 on the file of Judicial Magistrate No.I, Kancheepuram.

Prayer in Crl.A. No.425 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 04.12.2013 passed in CC NO.158 of 2011 on the file of Judicial Magistrate-cum-Fast Track Court, Alandur. Prayer in Crl.A. No.494 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 30.09.2013 passed in CC NO.228 of 2012 on the file of Judicial Magistrate No.1. Tirupathur, Vellore District. Prayer in Crl.A. No.513 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 30.09.2014 passed in Spl.CC NO.28 of 2014 on the file of Specal Judge,SpecialCourt for Trial Cases under Prevention of Corruption Act, Salem.

Prayer in Crl.A. No.515 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 12.04.2014 passed in CC NO.107 of 2013 on the file of Judicial Magistrate No.VI, Coimbtore.

Prayer in Crl.A. No.517 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment

dated 12.06.2013 passed in CC NO.247 of 2011 on the file of Judicial Magistrate, Fast Track Court, Vellore. Prayer in Crl.A. No.530 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 14.03.2014 passed in STC NO.209 of 2013 on the file of Judicial Magistrate, Fast Track Court, Hosur. Prayer in Crl.A. No.606 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 13.02.2014 passed in STR NO.1821of 2012 on the file of Judicial Magistrate No.I, Puducherry.

Prayer in Crl.A. No.607 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 31.10.2013 passed in CC.NO.334 of 2012 on the file of Judicial Magistrate No.III, Coimbatore.

Prayer in Crl.A. No.631 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 21.03.2014 passed in STC.NO.2491 of 2003 on the file of Judicial Magistrate No.II, Tirupur.

Prayer in Crl.A. No.653 of 2014 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 20.10.2014 passed in CC.NO.5643 of 2004 on the file of Meteopolitan Magistrate, Fastr Track Court.I, George Town, Chennai.

Prayer in Crl.A. No.63 of 2015 :

This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 25.11.2014 passed in CC.NO.51 of 2010 on the file of Judicial Magistrate No.II, Cuddalore.

Prayer in Crl.A. No.80 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 28.02.2014 passed in STC.NO.208 of 2013 on the file of Judicial Magistrate,Fast Track Court,(Magisterial Level), Tiruchengode. Prayer in Crl.A. No.118 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 20.02.2014 passed in STC.NO.179 of 2012 on the file of Judicial Magistrate NO.I, Cuddalore.

Prayer in Crl.A. No.136 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 05.06.2014 passed in CC.NO.5965 of 2012 on the file of FTC-II, Metropolitan Magistrate, Egmore, Chennai-8.

Prayer in Crl.A. No.137 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 05.06.2014 passed in CC.NO.5966 of 2012 on the file of FTC-II, Metropolitan Magistrate, Egmore, Chennai-8. Prayer in Crl.A. No.145 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 17.11.2014 passed in CC.NO.253 of 2001 on the file of Judicial Magistrate Court No.I, Kancheepuram. Prayer in Crl.A. No.148 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 30.06.2014 passed in CC.NO.44 of 2012 on the file of Judicial Magistrate, Fast Track Court, Tiruppur. Prayer in Crl.A. No.174 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 19.12.2014 passed in CC.NO.

290 of 2012 on the file of Metropolitan Magistrate, FTC-II, Egmore,Chennai. Prayer in Crl.A. No.195 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 27.10.2014 passed in CC.NO.15869 of 2007 on the file of Metropolitan Magistrate, FTC-IV, Egmore,Chennai. Prayer in Crl.A. No.

This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 23.01.2015 passed in STC NO.128 of 2013 on the file of Judicial Magistrate, Fast Track Court (Magisterial Level), Tiruchengode.

Prayer in Crl.A. No.274 of 2015 :

This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 02.02.2015 passed in STC NO.206 of 2011 on the file of Judicial Magistrate No.I, Tiruppur.

Prayer in Crl.A. No.302 of 2015 :

This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 10.02.2015 passed in CC NO.32 of 2014 on the file of Judicial Magistrate, FTC, Mayiladuthurai.

Prayer in Crl.A. No.312 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 23.04.2012 passed in CC NO.1052 of 2009 on the file of Judicial MagistrateNo.II, Coimbatore.

Prayer in Crl.A. No.316 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 20.03.2015 passed in CC NO.61 of 2014 on the file of Judicial Magistrate No.III, Salem.

Prayer in Crl.A. No.320 of 2015 :

This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 28.08.2014 passed in STC NO.26 of 2011 on the file of Judicial Magistrate, Fast TrackCourt, Dharmapuri. Prayer in Crl.A. No.328 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 07.04.2015 passed in STC NO.730 of 2012 on the file of Judicial Magistrate No.II, Salem.

Prayer in Crl.A. No.334 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 30.01.2015 passed in STC NO.396 of 2012 on the file of Judicial Magistrate, Fast Track Court, Magisterial Level - I, Erode.

Prayer in Crl.A. No.338 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 18.02.2015 passed in STC NO.776 of 2009 on the file of Judicial Magistrate No.II, Salem.

Prayer in Crl.A. No.346 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 01.04.2015 passed in CC NO.2031 of 2012 on the file of FTC-IV, George,Town, Chennai-1.

Prayer in Crl.A. No.355 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 23.02.2015 passed in STC NO.967 of 2010 on the file of Judicial Magistrate No.I, Erode.

Prayer in Crl.A. No.356 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 16.10.2014 passed in CC NO.5418 of 2011 on the file of FTC No.1, Egmore, Chennai.

Prayer in Crl.A. No.361 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 22.07.2014 passed in STC NO.310 of 2012 on the file of Judicial Magistrate-cum- Fast Track Judge,Tirupur. Prayer in Crl.A. No.368 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 22.04.2015 passed in CC NO.221 of 2012 on the file of Judicial Magistrate No.1, Salem.

Prayer in Crl.A. No.369 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 27.02.2015 passed in STC NO.139 of 2012 on the file of Judicial Magistrate-cum-FTC Magisterial Level -I, Erode.

Prayer in Crl.A. No.370 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 27.02.2015 passed in STC NO.140 of 2012 on the file of Judicial Magistrate-cum-FTC Magisterial Level -I, Erode. Prayer in Crl.A. No.371 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 22.04.2015 passed in CC NO.222 of 2012 on the file of Judicial Magistrate NO.1, Salem.

Prayer in Crl.A. No.377 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 07.05.2015 passed in CC NO.11127 of 2015 on the file of FTC NO.IV, George Town, Chennai.

Prayer in Crl.A. No.388 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 23.04.2015 passed in CC NO.6 of 2014 on the file of Judicial Magistrate No.I, Tiruppur.

Prayer in Crl.A. No.392 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 27.03.2015 passed in CC NO.126 of 2013 on the file of Judicial Magistrate No.I, Namakkal.

Prayer in Crl.A. No.393 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 27.05.2010 passed in Crl.M.P.No.7735 of 2012 on the file of 17th MM, Saidapet, Chennai-15.

Prayer in Crl.A. No.395 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 27.05.2010 passed in Crl.M.P.No.7736 of 2012 on the file of 17th MM, Saidapet, Chennai-15.

Prayer in Crl.A. No.398 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 09.10.2014 passed in STC.No.4 of 2013 on the file of Judicial Magistrate, Fast Track Court,Dharmapuri. Prayer in Crl.A. No.405 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 22.04.2015 passed in STC.No.32 of 2014 on the file of Judicial Magistrate, Fast Track Court, Magisterial Level, Tiruchengode.

Prayer in Crl.A. No.406 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 27.01.2015 passed in STC.No.3656 of 2008 on the file of Judicial Magistrate, Bhavani.

Prayer in Crl.A. No.417 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 12.03.2015 passed in CC No.242 of 2012 on the file of Judicial Magistrate, No.II, Salem.

Prayer in Crl.A. No.434 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 30.01.2015 passed in CC No.276 of 2006 on the file of Judicial Magistrate, No.I, Gobichettipalayam. Prayer in Crl.A. No.435 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 08.07.2014 passed in CC No.68 of 2013 on the file of Judicial Magistrate, FTC, Alandur.

Prayer in Crl.A. No.436 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 31.07.2014 passed in STC No.206 of 2013 on the file of Judicial Magistrate, FTC, Hosur.

Prayer in Crl.A. No.442 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 20.05.2015 passed in STC No.946 of 2011 on the file of Judicial Magistrate NO.III, Salem.

Prayer in Crl.A. No.443 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 08.04.2015 passed in CC No.162 of 2013 on the file of Judicial Magistrate, Fast Track Court, Cunnor, Nilgiris District. Prayer in Crl.A. No.444 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 19.05.2015 passed in CC No.4276 of 2015 on the file of Metropolitan Magistrate, Fast Track Court No.II, Egmore. Prayer in Crl.A. No.450 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 25.03.2014 passed in STC No.148 of 2011 on the file of Judicial Magistrate, Fast Track Court No.I, Erode. Prayer in Crl.A. No.451 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 27.05.2014 passed in STC No.560 of 2012 on the file of Judicial Magistrate, Fast Track Court Magisterial Level No.I, Erode.

Prayer in Crl.A. No.473 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 08.05.2015 passed in CC No.716 of 2013 on the file of

Judicial Magistrate, Fast Track Court Magisterial Level No.I, Coimbatore.

Prayer in Crl.A. No.475 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 24.04.2015 passed in CC No.7380 of 2013 on the file of Fast Track Court, Magisterial Level No.II, Egmore, Chennai-8. Prayer in Crl.A. No.479 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 08.05.2015 passed in CC No.1439 of 2014 on the file of Metropolitan Magistrate,Fast Track Court No.IV, George Town, Chennai.

Prayer in Crl.A. No.605 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 04.04.2014 passed in CC No.135 of 2013 on the file of Judicial Magistrate,FTC, Magisterial Level-II, Coimbatore. Prayer in Crl.A. No.682 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 29.07.2015 passed in STC No.154 of 2014 on the file of Judicial Magistrate, FTC, Hosur.

Prayer in Crl.A. No.689 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 22.05.2015 passed in STC No.377 of 2011 on the file of Judicial Magistrate No.II, Pollachi.

Prayer in Crl.A. No.692 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 06.10.2015 passed in CC No.260 of 2015 on the file of IV Metropolitan Magistrate, FTC, George Town, Chennai. Prayer in Crl.A. No.700 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 10.10.2015 passed in CC No.4981 of 2010 on the file of Metropolitan Magistrate, FTC NO.IV, George Town, Chennai. Prayer in Crl.A. No.701 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 10.10.2015 passed in CC No.4983 of 2010 on the file of Metropolitan Magistrate, FTC NO.IV, George Town, Chennai. Prayer in Crl.A. No.702 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 10.10.2015 passed in CC No.4982 of 2010 on the file of Metropolitan Magistrate, FTC NO.IV, George Town, Chennai.

Prayer in Crl.A. No.722 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 02.07.2014 passed in STC No.185 of 2013 on the file of Judicial Magistrate, Fast Track Court, Hosur. Prayer in Crl.A. No.723 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 06.04.2015 passed in CC No.247 of 2014 on the file of Judicial Magistrate, Fast Track Court, Magisterial Level, Tiruppur.

Prayer in Crl.A. No.723 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 06.04.2015 passed in CC No.247 of 2014 on the file of Fast Track Court, Magisterial Level, Tiruppur. Prayer in Crl.A. Nos.752, 753, 755 to 766 of 2015 : These appeals filed under Section 378 of Code of Criminal Procedure against the judgment dated 01.09.2015 passed in CC No.388, 383, 376, 377, 378, 382, 381, 380, 379, 385, 384, 375, 386, 387 of 2009 respectively on the file of Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai.

Prayer in Crl.A. No.768 of 2015 : This appeal filed under Section 378 of Code of Criminal Procedure against the judgment dated 08.09.2015 passed in CC No.2956 of 2012 on the file of Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai.

FOR APPELLANTS M/s.J.Pothiraj : Crl.A.No.308 of 2014 M/s.S.Ambigapathi : Crl.A.No.319 of 2014 M/s.K.Thiruvengadam : Crl.A.No.321 of 2014 M/s.S.Vijayaragavan : Crl.A.No.333 of 2014 M/s.R.Jayaprakash : Crl.A.Nos.338 & 339 of 2014 M/s.V.Nicholas : Crl.A.No.341 of 2014 M/s.S.Ramesh : Crl.A.No.348 of 2014 M/s.J.RajKumar Roberts : Crl.A.No.349 of 2014 M/s.M.N.Balakrishnan : Crl.A.Nos.353 & 515 of 2014 M/s.M.Ravi : Crl.A.No.354 of 2014

M/s.M.Guruprasad : Crl.A.Nos.355 & 356 of 2014 M/s.P.M.Duraiswamy : Crl.A.No.364 of 2014 M/s.E.Kannadasan : Crl.A.No.365 of 2014 M/s.C.Prabakaran : Crl.A.Nos.371 & 606 of 2014 M/s.G.K.Sekar : Crl.A.No.373 of 2014 M/s.T.R.Ravi : Crl.A.No.425 of 2014 M/s.PA.Sudesh Kumar : Crl.A.No.494 of 2014 M/s.V.Krishnakumar : Crl.A.No.513 of 2014 M/s.C.Venkatesan : Crl.A.No.517 of 2014 M/s.P.Mathivanan : Crl.A.No.530 of 2014 M/s.M.Vijayakumaran : Crl.A.No.607 of 2014 M/s.K.Myilsamy : Crl.A.No.631 of 2014 M/s.L.Rajasekar : Crl.A.No.653 of 2014 M/s.J.Rajmohan : Crl.A.No.63 of 2015 M/s.S.Viswanathan : Crl.A.No.80 of 2015 M/s.J.I.Rajkumar Roberts : Crl.A.No.118 of 2015 M/s.Shaikh Mehrunisa : Crl.A.No.136 of 2015 M/s.Jayaraman & Associates: Crl.A.No.145 of 2015 M/s.P.M.Duraiswamy : Crl.A.No.148 of 2015 M/s.K.Rajasekaran : Crl.A.No.174 of 2015 M/s.L.Rajasekar : Crl.A.No.195 of 2015 M/s.N.Manokaran : Crl.A.No.219 of 2015 M/s.M.Easan : Crl.A.No.274 of 2015 M/s.S.Sounthar : Crl.A.No.302 of 2015 M/s.PL.Narayanan : Crl.A.No.312 of 2015

M/s.B.Vasudevan : Crl.A.No.316 of 2015 M/s.I.Abrar MD Abdullah : Crl.A.No.320 of 2015 M/s.R.Nalliyappan : Crl.A.No.328 of 2015 M/s.C.Kulanthaivel : Crl.A.No.334 of 2015 M/s.R.Manickavel : Crl.A.No.338 of 2015 M/s.P.V.Sanjeev : Crl.A.No.346 of 2015 M/s.M.Guruprasad : Crl.A.Nos.355, 369, 370, 450, M/s.K.V.Sridharan : Crl.A.No.356 of 2015 M/s.K.Vignesh Karthick : Crl.A.No.361 of 2015 M/s.M.Devaraj : Crl.A.Nos.368 & 371 of 2015 M/s.S.Mukanchand Bodra : Crl.A.No.377 of 2015 M/s.UM.Ravichandran : Crl.A.No.388 of 2015 M/s.Muthumani Doraisami : Crl.A.No.392 of 2015 M/s.M.Shahjahan : Crl.A.No.393 of 2015 M/s.M.Prabakar : Crl.A.No.398 of 2015 M/s.T.Murugamanickam : Crl.A.No.405 of 2015 M/s.I.C.Vasudevan : Crl.A.No.406 of 2015 M/s.R.Ezhilarasan : Crl.A.No.417 of 2015 M/s.A.K.Kumaraswamy : Crl.A.No.434 of 2015 M/s.Thenmozhi Shivaperumal : Crl.A.No.435 of 2015 M/s.A.Balamurugan : Crl.A.No.436 of 2015 M/s.S.Parameswaran : Crl.A.No.442 of 2015 M/s.B.Kumarasamy : Crl.A.No.443 of 2015 M/s.K.Nirmal Kumar : Crl.A.No.444 of 2015

M/s.J.Franklin : Crl.A.No.473 of 2015 M/s.S.Deivasigamani : Crl.A.No.475 of 2015 M/s.N.S.Sivakumar : Crl.A.No.479 of 2015 M/s.M.N.Balakrishnan : Crl.A.No.605 of 2015 M/s.P.Mani : Crl.A.No.682 of 2015 M/s.N.Ponraj : Crl.A.No.689 of 2015 M/s.Gupta and Ravi : Crl.A.No.692 of 2015 M/s.Ashok Menon : Crl.A.Nos.700 to 702 of 2015 M/s.T.Panchatsaram : Crl.A.No.722 of 2015 M/s.M.Nirmal Kumar : Crl.A.Nos.752, 753, 755 to FOR RESPONDENTS M/s.L.Mouli : Crl.A.No.308 of 2014 M/s.M.Sakthivel : Crl.A.Nos.338 & 339 of 2014 M/s.K.Elangovan : Crl.A.No.341 of 2014 M/s.K.Gandhi Kumar : Crl.A.No.348 of 2014 M/s.P.Tamilavel : Crl.A.No.353 of 2014 M/s.P.M.Duraiswamy : Crl.A.Nos.355 & 356 of 2014 M/s.M.Guruprasad : Crl.A.No.364 of 2014 M/s.C.K.Mani : Crl.A.No.365 of 2014 M/s.C.Uma : Crl.A.No.371 of 2014 M/s.M.Palani vel : Crl.A.No.425 of 2014 M/s.M.Paul Raj : Crl.A.No.517 of 2014 M/s.M.Karuppaiah : Crl.A.No.607 of 2014 M/s.V.Nicholas : Crl.A.No.631 of 2014

M/s.K.Jayachandran : Crl.A.No.63 of 2015 M/s.V.Senthil Murugan : Crl.A.No.195 of 2015 M/s.P.T.Ramadevi : Crl.A.No.219 of 2015 M/s.B.Mahendra Naidu : Crl.A.No.302 of 2015 M/s.N.R.Ramesh Kanna : Crl.A.No.312 of 2015 M/s.K.S.Karthik Raja : Crl.A.No.316 of 2015 M/s.John Sathyan : Crl.A.No.320 of 2015 M/s.T.Sundaravadanam : Crl.A.No.328 of 2015 M/s.A.K.Kumarasamy : Crl.A.No.334 of 2015 M/s.V.R.Anna Gandhi : Crl.A.No.338 of 2015 M/s.A.Kalai Vanan : Crl.A.No.346 of 2015 M/s.I.C.Vasudevan : Crl.A.Nos.368 & 371 of 2015 M/s.V.S.Kesavan : Crl.A.Nos.369 & 370 of 2015 M/s.V.Raja Mohan : Crl.A.No.398 of 2015 M/s.E.K.Kumaresan : Crl.A.No.405 of 2015 M/s.N.Manokaran : Crl.A.No.406 of 2015 M/s.T.P.Manoharan : Crl.A.No.417 of 2015 M/s.Ma.P.Thangavel : Crl.A.No.434 of 2015 M/s.A.Immanuel : Crl.A.No.443 of 2015 M/s.T.Vaithilingam : Crl.A.No.475 of 2015 M/s.L.Mouli : Crl.A.No.605 of 2015 M/s.A.Balamurugan : Crl.A.No.682 of 2015 M/s.K.P.Anantha Krishna : Crl.A.No.689 of 2015 M/s.Nagasaila : Crl.A.Nos.700 to 702 of 2015 M/s.I.Abrar MD Abdullah : Crl.A.No.722 of 2015

COMMON JUDGMENT All these appeals have been preferred by the victims/complainants challenging the acquittal of the accused in the respective cases.

2. All these appellants had set the law in motion by filing private complaints for the alleged offences in the respective cases before the concerned jurisdictional courts.

3. After trial, the trial Court concerned have acquitted the accused.

4. Being aggrieved by the said acquittal, the victims of the crime/complainants invoking Section 378 of the Code of Criminal Procedure, 1973 ( in short, 'the Code') have preferred these appeals directly to this Court in the year either 2014 or 2015.

5. It is pertinent to be noted that Section 372 of the Code has underwent amendment under the Code of Criminal Procedure Amendment Act (Act 5 of 2009) with effect from 31.12.2009. As per the said amendment, a proviso was inserted in Section 372 which reads thus:

" 372. No appeal to lie unless otherwise provided.- No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force:

[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

6. Though such a proviso was inserted through the said amendment in Section 372, still victims seem to have chosen to file appeals against acquittal to this Court under Section 378 of the Code.

7. On 27.4.2015, a learned single Judge of this Court, on the issue, as to whether or not the appeal shall be filed before the First Appellate Court / Sessions Court concerned as against the acquittal made by the trial Court, by a victim / complainant, has referred the matter for consideration by a Full Bench by framing six questions which are given herein below:

" 1. Whether a victim of a crime, who has prosecuted an Accused by way of a Private Complaint, does not have statutory right of Appeal against acquittal under Proviso to Section 372 of the Code of Criminal Procedure?

2. Whether a Complainant, in a Private Complaint case, who is not a victim, has got the remedy to seek only leave to file Appeal under Section 378(4) of the Code of Criminal Procedure in the event of acquittal of the Accused?

3. In a Private Complaint case, if a victim does not happen to be a Complainant and in the event of acquittal, whether he has got right of Appeal under Proviso to Section 372 of the Code of Criminal Procedure or he has to seek leave to file Appeal under Section 378(4) of the Code of Criminal Procedure?

4. Whether a victim in a case instituted on a Police Report, has a better place in the Criminal Justice Delivery System than a victim in a Private Complaint case ?

5. Whether the term 'victim' as defined in Section 2(wa) of the Code of Criminal Procedure excludes a Complainant in a Private Complaint case though he has suffered loss or injury on account of the offence committed against him? and

6. Whether the view held in the judgment of this Court in Selvaraj v.

Venkatachalapathy, 2015 (1) MWN (Cr.) DCC 26 (Mad.), reflects correct exposition of law or the same requires to be overruled?''

8. Inorder to answer the said six questions, a Full Bench was constituted, before whom, the matter was referred. The Full Bench, after having exhaustively discussed the issue in depth, has ultimately, concluded by its Judgment dated 05.04.2016 reported in 2016 4 CTC 119 in the matter of S.Ganapathy Vs. N. Senthilvel. The Full Bench has given answers to the questions posed before it, at paragraph 31 of the said Judgment cited supra, which reads thus:

"31. Since, subsequent to the Full Bench reference, the Supreme Court in Satya Pal Singh interpreted these provisions, we are duty bound to follow the same to the extent it binds us. With that in mind and in the

light of the above legal precedents and the discussion, we answer the questions posed by the Referral Judge as follows:

(1) A victim of the crime, who has prosecuted an Accused by way of a Private Complaint, has a Statutory right of Appeal within the limits prescribed under Section 372 of Cr.P.C

(2) A Complainant (in a Private Complaint), who is not a victim, has a remedy and can file an Appeal in the event of acquittal of the Accused after obtaining leave to Appeal under Section 378(4) of Cr.P.C.

(3) In a Private Complaint, even if the victim is not a Complainant, he has a right to Appeal under the Proviso to Section 372 of Cr.P.C., but he has to seek leave as held by the Supreme Court in Satya Pal Singh.

(4) The term " victim" has been correctly interpreted by the Full Bench of the Delhi High Court in Ram Phal v. State of Ors., 2015 (3) MWN (Cr.) 491 (FB) (Del.), and we are in agreement with the same.

(5) A victim (as defined under Section 2 (wa) of the Cr.P.C.) does not cease to be a victim merely because he also happens to be a Complainant and he can avail all the rights and privileges of a victim also, and

(6) The decision of the Single Judge in Selvaraj holding that the term "victim" found in Section 372 excludes a Complainant, is not legally correct and in a given case, a Complainant, who is also a victim, can avail right granted under Section 372 of Cr.P.C.

32. The questions posed are answered accordingly. All these matters are directed to be listed before the appropriate Court for their disposal in accordance with the opinion expressed hereunder."

9. In view of the said authoritative pronouncement of the Full Bench as cited supra, a learned single Judge of this Court also in the matter of D. Prabhu Vs. R.Manikandan 2016 3 MWN (CR) DCC 169 (Mad) by order dated 14.11.2016 had held that, appeals preferred against the acquittal of the accused in the proceedings initiated by a private complainant will lie only to the respective Sessions Court and the same would not lie before this Court.

10. Based on the said Full Bench pronouncement, followed by another order passed by the learned Judge as cited supra, a batch of criminal appeals of the year 2010 and 2011 were grouped together and heard by another learned Judge and he has passed an order in all those batch of appeals by his order dated 09.1.2017 in Crl.A.No.36 of 2010 etc., batch, in the matter of Zen Global Financial Services Vs. P.N.Shivaprasad.

11. The learned Judge (Hon'ble Mr. Justice S.Baskaran) on 09.1.2017, has passed the following order:

"3.

Thus, as per the conclusion arrived at by the Full Court in the reference cited above, the victim of a crime, who initiated prosecution of the accused by filing a private complaint, can prefer appeal, in the event of acquittal of the accused by the trial Court, only to the respective Sessions Court. The same is clear from the proviso to Section 372 of Cr.P.C. Following the conclusion of the Full Bench in the reference cited above, a single Judge of this Court (S.Nagamuthu, J.) in the case reported in D.Prabhu Vs. R.Manikandan 2016

(3) MWN (Cr) DCC 169 (Mad), by order dated 14.11.2016, held that the appeals preferred against acquittal of the accused in the proceedings initiated by private complainant will lie only to the respective Sessions Courts and the same would not lie before this Court.

4.

Further, the learned counsels appearing before this Court on either side in all these appeals also conceded that following the rulings referred to earlier, these appeals have to be transferred to the respective Sessions Court only.

5. In such circumstances, following the above said rulings and considering the arguments advanced before this Court by various counsels in these appeals, this Court is of the view that these appeals initiated against the findings of the trial Courts acquitting the accused in private complaint proceedings have to be transferred to the respective Sessions Courts for disposal in accordance with law.

6.

In view of the above, these Criminal Appeals are disposed of and these appeals as well as the connected Original Petitions and the Miscellaneous Petitions are transferred to the respective Principal Sessions Courts forthwith, who shall either dispose of the appeals or make over the same to the Additional Sessions Courts for disposal in accordance with law, after due notice of hearing to both parties. It is also directed that the lower Appellate Court shall give priority for these appeals and dispose of these cases as expeditiously as possible, as these appeals have become old appeals."

12. When these batch of appeals are listed today for hearing, the respective counsels appearing for the appellants, in one voice, had submitted that, all these appeals are arising out of the order of acquittal, by the trial Court, in private complaints, made by victims who are the appellants before this Court. They have also submitted that in view of the said Full Bench Judgment, followed by the decisions of the learned single Judge, as well as the latest order dated 09.1.2017, passed in a batch of cases of similar nature, these batch of appeals also can be disposed of, on the same terms, by transferring these appeals to the respective Principal Sessions Courts for further action.

13. In view of the said Judgment of the Full Bench as well as the other two orders of the learned respective single Judges and also inview of the submissions made by the counsels appearing for the appellants, this Court is inclined to dispose of all these appeals in the following terms:

(i) These criminal appeals are disposed of, along with connected original petitions and miscellaneous petitions, by transferring the same to the respective Principal Sessions Courts;

(ii) On receipt of the transferred cases, it is for the Sessions Court to take up and dispose the appeals or make over the same to the Additional Sessions Court for disposal, in accordance with law.

(iii) Before taking up the appeal by the Sessions Court concerned, due notices be served to both parties; (iv) Since these appeals are pending for some years before this Court, priority can be given for these appeals for

disposal, and accordingly, these appeals can be disposed of as expeditiously as possible.

14. Registry is directed to send these case bundles with all connected records of the lower Court, if any received, to the concerned Sessions Court forthwith.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kua To

1. The Judicial Magistrate (Fast Track Court) at Magestrial Level-II, Coimbatore.

2. The V Metropolitan Magistrate, Egmore, Chennai- 8.

3. The District Munisf-cum- Judicial Magitrate, Vaniyambadi.

4. The Judicial Magitrate-cum- Fast Track Court, Hosur.

5. The Judicial Magistrate-cum- Fast Track Court, Dharmapuri.

6. The Judicial Magistrate No.II, Puducherry.

7. The Judicial Magistrate No.VI, Coimbatore.

8. The Judicial Magistrate No.II, Coimbatore.

9. The Judicial Magistrate -cum- Fast Track Court (Magisterial Level), Tiruchengode.

10.The Special Judicial Magistrate (Special Court for Land Grabbing Cases), Tirupur.

11.The Judicial Magistrate No.II, Walajapet, Vellore District.

12.The Judicial Magistrate (Fast Track Court), Dharmapuri.

13.The Judicial Magistrate No.I, Kancheepuram.

14.The Judicial Magistrate-cum-Fast Track Court, Alandur.

15.The Judicial Magistrate No.1, Tirupathur, Vellore District.

16.The Inspector of Police, Vigilance and Anti-corruption, Salem.

17.The Special Judge, Special Court for Trial Cases under Prevention of Corruption Act, Salem.

18.The Judicial Magistrate, Fast Track Court, Vellore.

19.The Judicial Magistrate No.I, Puducherry.

20.The Judicial Magistrate No.III, Coimbatore.

21.The Judicial Magistrate No.II, Tirupur.

22.The Meteopolitan Magistrate, Fast Track Court.I, George Town, Chennai.

23.The Judicial Magistrate No.II, Cuddalore.

24.The Judicial Magistrate NO.I, Cuddalore.

25.The FTC-II, Metropolitan Magistrate, Egmore, Chennai-8.

26.The Judicial Magistrate Court No.I, Kancheepuram.

27.The Judicial Magistrate, Fast Track Court, Tiruppur.

28.The Metropolitan Magistrate, FTC-IV, Egmore, Chennai.

29.The Judicial Magistrate No.I, Tiruppur.

30.The Judicial Magistrate, FTC, Mayiladuthurai.

31.The Judicial MagistrateNo.II, Coimbatore.

32.The Judicial Magistrate No.III, Salem.

33.The Judicial Magistrate No.II, Salem.

34.The Judicial Magistrate, Fast Track Court, Magisterial Level - I, Erode.

35.The FTC-IV, George Town, Chennai-1.

36.The Judicial Magistrate No.I, Erode.

37.The FTC No.1, Egmore, Chennai.

38.The Judicial Magistrate-cum- Fast Track Judge, Tirupur.

39.The Judicial Magistrate No.1, Salem.

40.The FTC No.IV, George Town, Chennai.

41.The Judicial Magistrate No.I, Tiruppur.

42.The Judicial Magistrate No.I, Namakkal.

43.The 17th Metropolitan Magistrate, Saidapet, Chennai-15.

44.The Judicial Magistrate, Fast Track Court, Dharmapuri.

45.The Judicial Magistrate, Bhavani.

46.The Judicial Magistrate No.II, Salem.

47.The Judicial Magistrate No.I, Gobichettipalayam.

48.The Judicial Magistrate, FTC, Alandur.

49.The Judicial Magistrate NO.III, Salem.

50.The Judicial Magistrate, Fast Track Court, Cunnor, Nilgiris District.

51.The Metropolitan Magistrate, Fast Track Court No.II, Egmore.

52.The Judicial Magistrate, Fast Track Court No.I, Erode.

53.The Judicial Magistrate, Fast Track Court Magisterial Level No.I, Erode.

54.The Judicial Magistrate, Fast Track Court Magisterial Level No.I, Coimbatore.

55.The Fast Track Court, Magisterial Level No.II, Egmore, Chennai-8.

56.The Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai.

57.The Judicial Magistrate, FTC, Magisterial Level-II, Coimbatore.

58.The Judicial Magistrate No.II, Pollachi.

59.The IV Metropolitan Magistrate, FTC, George Town, Chennai.

60.The Judicial Magistrate, Fast Track Court, Magisterial Level, Tiruppur.

61.The Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai.

Copy to:

1.The Section Officer, Criminal Section, High Court, Madras (The Hon'ble Court has directed to send the records to the concerned lower Courts) 2.The Public Prosecutor High Court, Madras.

+3cc's to Mr.M.N.Balakrishnan, Advocate, S.R.Nos.48727 to 48729 +1cc to Mr.C.Kulanthaivel, Advocate, S.R.No.49520 +1cc to Mr.K.V.Sridharan, Advocate, S.R.No.49172 +1cc to M/s.Zeenath Begum, Advocate, S.R.No.49233 +1cc to Mr.T.Ganesan, Advocate, S.R.No.48905 +1cc to M/s.Gupta & Ravi, Advocate, S.R.No.48822 +2cc's to Mr.L.Mouli, Advocate, S.R.Nos.48987 & 48988 +1cc to Mr.N.S.Sivakumar, Advocate, S.R.No.48944 +1cc to Mr.B.Kumarasamy, Advocate, S.R.No.48986 +1cc to Mr.A.Immanuel, Advocate, S.R.No.48829 +2cc's to Mr.A.K.Kumarasamy, Advocate, S.R.Nos.48881 & 48882 +2cc's to Mr.N.Manoharan, Advocate, S.R.Nos.48702 & 48703 +1cc to Mr.V.Sakkarapani, Advocate, S.R.No.49138 +1cc to Mr.K.S.Karthik Raja, Advocate, S.R.No.48696 +1cc to Mr.B.Mahendra Naidu, Advocate, S.R.No.49319 +3cc's to Mr.P.M.Duraisamy, Advocate, S.R.Nos.49505 to 49507 +1cc to Mr.S.Viswanathan, Advocate, S.R.No.48710 +1cc to Mr.K.Myilsamy, Advocate, S.R.No.48821 +2cc's to Mr.C.Prabakaran, Advocate, S.R.Nos.48726 & 48875 +1cc to Mr.C.Venkatesan, Advocate, S.R.No.48480 +1cc to Mr.E.Kannadasan, Advocate, S.R.No.48701

+1cc to Mr.J.Pothiraj, Advocate, S.R.No.48485 +1cc to Mr.R.Manickavel, Advocate, S.R.No.48718 +1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.48538 +2cc's to Mr.R.Jayaprakash, Advocate, S.R.Nos.48735 & 48734 +2cc's to Mr.D.Senthil Kumar, Advocate, S.R.No.49490 +1cc to Mr.P.Tamilavel, Advocate, S.R.No.48730 +1cc to Mr.M.Ravi, Advocate, S.R.No.49235 Crl.A.No.308 of 2014 etc., batch GGK, MSM, CNR(CO) CA(07/09/2017)