Sakthi Emu Farms v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2020
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.27897 of 2019 and Crl.M.P.No.14868 of 2019 1.
Sakthi Emu Farms Shop No.100, Ammu Complex Kundrathur Road Perunthurai, Erode.
2.
S.Ramasamy ... Petitioners/Accused 1 & 2 Vs.
1.
State represented by Inspector of Police, Economic Offences Wing - II Erode.
2.
The Competent Authority District Revenue Officer Erode.
... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the second respondent for settlement and disbursement of the claim of the remaining depositors in accordance with Section 5A of Tamil Nadu Protection of Interest of Depositors Act, 1997 and compounding the offence in C.C.No.15 of 2012 on the file of the Special Judge, Tamil Nadu Protection of Interest of Depositors Act, Coimbatore.
For Petitioners : M/s.G.Murugendran (No appearance) For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking for a direction directing the second respondent for settlement and disbursement of the claim of the remaining depositors in accordance with Section 5A of Tamil Nadu Protection of Interest
of Depositors Act, 1997 and compounding the offence in C.C.No.15 of 2012 on the file of the Special Judge, Tamil Nadu Protection of Interest of Depositors Act, Coimbatore.
2.
It is seen that the petitioner is an accused under the Tamil Nadu Protection of Interest of Depositors Act. Now the trial is pending in C.C.No.15 of 2012 on the file of the Special Judge, Tamil Nadu Protection of Interest of Depositors Act, Coimbatore.
3.
The learned Additional Public Prosecutor appearing for the respondents submits that though some of the depositors have settled, remaining depositors have to be settled. The required amount settled to the victims is to the tune of Rs.76,92,000/-, whereas the amount lying in Crime is only Rs.8,00,000/-. Therefore, it cannot be distributed to the depositors. 4.
Since, the amount lying in Crime is only Rs.8,00,000/-, the same cannot be distributed to the depositors. Further, it is seen that if at all the petitioners want to settle the amount, they can very well approach the trial Court and settle the amount to the depositors and seek for compounding the offence. Therefore, the direction sought for in this petition is devoid of merits.
5.
Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar mra To 1.
State represented by Inspector of Police, Economic Offences Wing - II Erode.
2.
The Competent Authority District Revenue Officer Erode.
3.
The Public Prosecutor, High Court of Madras, Madras.
4. The Special Judge, Tamil Nadu Protection of Interest of Depositors Act, Coimbatore Crl.O.P.No.27897 of 2019 and Crl.M.P.No.14868 of 2019 PP(CO) GMY(29/09/2020)