← Library
Madras High CourtCRL A(MD)/72/2013partly allowed

Arun Bankers v. The Inspector Of Police

2019-08-09Honourable Mr Justice G.R.Swaminathan3 pages

BAIL SLIP This Appellant namely 1.Mr.Arun @ Arun Kumar, and 2. Judith Amutha, Appellants No.2 and 3 were released on bail as per order dated 01/03/2013 made in Crl.MP(MD)No.1/2013 in Crl.A(MD)No.72/2013. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.A(MD)No.72 of 2013 1.Arun Bankers 2.Arun @ Aun Kumar 3.Judith Amutha ... Appellants Vs The State of Tamil Nadu, rep. by the Inspector of Police, Economic Offence wing No.2, Nagercoil, Kanyakumari District.

... Respondent PRAYER: Criminal Appeal is filed under Section 374 of Cr.P.C., to allow the appeal and set aside the Judgment in C.C.No.18 of 2009, dated 14.02.2013 on the file of the Special Court under the Tamil Nadu Protection of Interest of Depositors Act, Madurai. For Appellants : Mr.C.Godwin For Respondent : Mr.S.Bharathi Government Advocate (Crl.side)

JUDGMENT

The appellants herein were convicted and sentenced, vide Judgment dated 14.02.2013 in C.C.No.18 of 2009 on the file of the Special Court under TNPID Act, Madurai as follows:- Accused Penal Provisions Punishment A1 Section 5 of TNPID Act To pay a fine of Rs.25,000/-, in default, to undergo six months simple imprisonment A2 409 IPC undergo seven years rigorous imprisonment with fine of Rs.5,000/-, in default, to undergo six months simple imprisonment.

1/6

420 IPC undergo seven years rigorous imprisonment with fine of Rs.5,000/- in default to undergo six months simple imprisonment.

Section 5 of TNPID Act undergo seven years imprisonment with fine of Rs.25,000/-, in default to undergo six months simple imprisonment.

A3 409 IPC undergo imprisonment for two years rigorous imprisonment with fine of Rs.5000/-, in default to undergo six months simple imprisonment.

420 IPC To undergo two years rigorous imprisonment, with fine of Rs.5,000/- in default, to undergo six months simple imprisonment.

Section 5 of TNPID Act To undergo two years rigorous imprisonment with fine of Rs.25,000/-, in default to undergo six months simple imprisonment.

Challenging the same, this appeal came to be filed. 2.When the appeal was taken up for hearing, the learned counsel appearing for the appellants submitted that the financial establishments run by them owed to pay a total sum of Rs.27,30,000/-. That was the default amount. P.W.1 had to be paid Rs.50,000/- and his claim was settled. That is why, he turned hostile. That leaves the one with the balance amount of Rs.26,80,000/-. Since the said liability could not be liquidated, the Court below found the appellants guilty and sentenced them as mentioned above.

2/6

3.The appellants' counsel, on instruction, submits that the appellants would pay the said amount of Rs.26,80,000/- within a period of two months from the date of receipt of a copy of this order. Since the guilt of the appellants has been established beyond reasonable doubt, the conviction imposed on the appellants will have to be necessarily confirmed. In fact, the appellants' counsel does not challenge the finding of guilt and that, he only wants leniency to be shown as he has come forward to settle the liability.

4.Recording the undertaking given by the appellants' counsel, while sustaining the conviction imposed on the appellants, the sentence of imprisonment imposed on them is set aside. The appellants are given two months from the date of receipt of a copy of this order to deposit a sum of Rs.26,80,000/- to the credit of C.C.No.18 of 2009 on the file of the Special Court for TNPID Act cases, Madurai. On such deposit, the learned Special Judge, Madurai, will take steps to have the said amount disbursed to the concerned depositors. If the appellants fail to adhere to the undertaking now given before me, the sentence of imprisonment imposed by the trial Court will stand automatically restored. This criminal appeal is partly allowed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 1.The Inspector of Police, Economic Offence wing No.2, Nagercoil,Kanyakumari District.

2.The Special Court for TNPID Act Cases Madurai. Madurai District Court Campus, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.GODWIN, Advocate ( SR-80933[F] dated 09/08/2019 ) Crl.A(MD)No.72 of 2013 09.08.2019 sma/06.02.2020/3p/5c 3/6