Ganesaamurthy v. R.Gomathi,

in Cont.P.No.2137 of 2019 G.K.ILANTHIRAIYAN, J.

The application has been filed to reopen the contempt petition in Cont.P.No.2137 of 2019 which was disposed on 04.09.2020. 2.

The main contempt petition has been filed for non compliance of the order passed by this Court in Crl.O.P.No.4525 of 2019 dated 20.02.2019, thereby directed the respondents to complete the attachment process within a period of three months.

3.

The petitioners are the depositors. For non refund of deposit amount with interest, they lodged complaint as against the accused persons. It was registered in Crime No.31 of 2014 on the file of the Inspector of Police, Erode. On completion of investigation, they filed final report and the same has been taken cognizance in C.C.No.3 of 2016, and it was pending for trail on the file of the learned Special Judge, Special Court for TNPID Act, Coimbatore.

4.

While pending investigation, the respondents identified several items of properties belonged to the accused persons. Subsequently nine items of immovable properties were attached by the government orders in G.O.Ms.No.1245/2018 dated 30.08.2018, G.O.Ms.No.83/2020 dated 10.02.2020 and G.O.Ms.No.219/2020 dated 02.06.2020. That apart, three vehicles were also attached by the G.O.Ms.No.451/2017 dated 18.04.2017. All the attachment are pending for made absolute before the trial Court. The respondent had also frozen the bank accounts of the accused persons and settled 176 depositors out of 186 depositors. After settlement a sum of Rs.1,60,49,000/- insofar as 176 depositors, a sum of Rs.1,80,49,000/- is lying in the account of TNPID Court, Coimbatore.

5.

Insofar as the petitioners are concerned, they had deposited a sum of Rs.41,00,000 and Rs.25,00,000/- respectively. However, they refused to receive the deposited amount. Therefore, no need to attach any more property of the accused persons, since a sum of Rs.1,80,49,000/- is lying with the credit of the trial Court.

6.

In view of the above, no contempt is made out as against the respondent and the present Sub Application is liable to be closed. However, the petitioners are at liberty to approach the trial Court for return of their deposited amount in the manner known to law.

7.

Accordingly, this Sub Application (OS) is closed. 20.03.2024 rts

G.K.ILANTHIRAIYAN, J.

rts in Cont.P.No.2137 of 2019 20.03.2024