K.Vasu v. State B Y

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.1607 of 2019 and Crl.M.P.No.1008 of 2019 K.Vasu ... Petitioner /Vs/ State by:

The Inspector of Police, E.O.W-II, SIDCO Old Corporate Building, First Floor, Government Complex, Thiru Vi Ka Industrial Estate, Guindy, Chennai-600 032 [Crime No.12 of 2017].

... Respondent Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code to direct the respondent to inform the complaints/depositors/subscribers, about the pendency of adjudication before the National Company Law Tribunal, Single Bench, Chennai in CP/381/(IB)/2018 and to follow the order properly passed by the said Tribunal on 17.09.2018.

For Petitioner : M/s R.C.Paul Kanagaraj For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor -----

O R D E R

This Criminal Original Petition is filed by the petitioner seeking a direction directing the respondent to inform the complaints/depositors/subscribers, about the pendency of adjudication before the National Company Law Tribunal, Single Bench, Chennai in CP/381/(IB)/2018 and to follow the order properly passed by the said Tribunal on 17.09.2018.

2. The case of the petitioner is that the defacto complainant viz., Gayathri has paid the chit amount of Rs.19,60,300/- to one Thiripura Chits Private Limited, represented by its Directors, on instalment basis. On 07.11.2017, the above chit company was shut down and its https://hcservices.ecourts.gov.in/hcservices/

Directors absconded. Knowing the same, the defacto complainant lodged a police complaint against the petitioner and the respondent police registered a case in Crime No.12 of 2017 for the offences under Sections 420, 406, read with Section 120(B) IPC and Section 5 of the Tamil Nadu Protection of Interest of Depositors (In Financial Establishments) [hereinafter referred to "TNPID"] Act, 1997. Hence the petitioner come out with the present petition.

3. Without going into the merits of the case, the respondent is directed to inform the victims about the pendency of the adjudication proceedings before the National Company Law Tribunal, during oral enquiry.

4. With the above direction, the Criminal Original Petition is disposed of.

Consequently, connected Crl.M.P.No.1008 of 2019 is closed.

Sd/- Assistant Registrar(CS vi) //True Copy// Sub Assistant Registrar msm To

1. The Inspector of Police, E.O.W-II, SIDCO Old Corporate Building, First Floor, Government Complex, Thiru Vi Ka Industrial Estate, Guindy, Chennai-600 032 [Crime No.12 of 2017].

2. The Public Prosecutor, High Court, Madras. Crl.O.P.No.1607 of 2019 mg (CO) A.SK(15/04/2019) https://hcservices.ecourts.gov.in/hcservices/