I. R.J.Ilango v. P.Balasubramanian
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday,the Twenty Seventh day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR I.R.J.ILANGO ... APPELLANT/4th RESPONDENT Vs 1 P.BALASUBRAMANIAN 2 JOTHI 3 V.MUNIYANDI 4 JAYARAM ...RESPONDENTS 1 TO 4/ PETITIONERS 1 TO 4 5 BLESSING AGRO FARM INDIA LIMITED COMPANY, 1K, KAJIYAR COMPLEX, NORTH GATE, S.S COLONY MADURIA 10.
6 JOSEPH JEYARAJ 7 CHRISTOPHER 8 PALANISAMY 9 THE DISTRICT REVENUE OFFICER COLECTOR OFFICE BUILDING, NEAR BY ANNA BUS STAND, MADURAI -7 10 THE INSPECTOR OF POLICE, EOW ECONOMIC OFFIENCE POLICE STATION, VISWANTHAPURAM MADURAI -1 ... RESPONDENTS 5 TO 10 / RESPONDENTS 1 TO 3 & 5 TO 7 Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to set aside the order dated 31/03/2021 passed in O.S.No. 2 of 2020 in C.C.No. 2 of 2019 on the file of the Hon'ble Special Court under TNPID Act Cases, Madurai.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the 1/4
arguments of MR.K.VINOHARAN, Advocate for the petitioner and of MR.A.SARAVANAKUMAR, Advocate for Respondents 1 to 4 and of MR.R.MANICKARAJ, Advocate for the Respondents 5 & 6 anf of MR.M.JEGADEESH PANDIAN, Advocate for the 7th Respondent and of MR.G.SARAVANA KUMAR, Advocate for the 8th Respondent and of MR.B.NAMBI SELVAN, Additional Public Prosecutor on behalf of the Respondents 9 & 10, the court made the following order:- RESERVED ON:20.07.2022 PRONOUNCED ON: 27 .07.2022 This Criminal Appeal has been directed against the order passed in O.A.No.2 of 2020, dated 31.03.2021, on the file of the Special Court under the Tamil Nadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997 (TNPID Act) cases.
2. Some of the depositors in the firm viz., Blessing Agro Farm India Limited have filed a petition under Section 8 of TNPID Act seeking orders for attachment of the schedule properties. Some of the accused have filed counter statements raising objections.
3. The learned Special Judge, after conducting enquiry, has passed the impugned order dated 31.03.2021 allowing the petition and ordered attachment of the properties and for sale of the same in public auction and for realisation of the sale proceeds. The fourth accused, aggrieved by the said order, has preferred the present appeal under Section 11 of TNPID Act.
4. It is evident from the records that originally the Registry has placed the above matter before the Hon'ble Justice T.KRISHNAVALLI, under the caption for maintainability and the learned Judge, after going through the provisions, has directed the Registry to take the above case as Criminal Appeal and accordingly, the Criminal Appeal came to be registered.
5. When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the official respondents has raised objections with regard to the very maintainability of the Criminal Appeal. The learned Additional Public Prosecutor would submit that the Criminal Appeal is not maintainable and Civil Appeal alone is to be filed under Section 11 of TANPID Act.
6. No doubt, it is settled position of law that the orders passed by the Special Court under Section 7 to 10 of TNPID Act can be challenged by way of filing an appeal under Section 11 of TNPID Act. At this juncture, it is necessary to refer the decision of the Division Bench of this Court in G.Sheik Mohaideen Vs. S.Deivendran, passed in Crl.R.C.(MD)No.841 of 2011, dated 07.06.2018 and the Hon'ble Division Bench, while answering reference, has specifically held as follows:
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"25 In fine, we hold that:
a Special Court constituted under the TNPID Act is not a Court of Magistrate. The Presiding Officer of the Special Court can only be a person of the cadre of a District and Sessions Judge. As a sequitur, we hold that appeals from judgments of convictions or acquittals passed by a Special Court under the TNPID Act would lie to the High Court under Chapter XXIX Cr.P.C., irrespective of the quantum of sentence. An appeal under Section 11 of the TNPID Act is confined to the orders passed by the Special Court under Sections 7 to 10 of the TNPID Act and under the Code of Civil Procedure, 1908 and will not include judgments of convictions or acquittals.
The law laid down in Antony and others vs. The State reported in 2011 2 L.W.(Crl.) 298, to the extent that it is inconsistent with the law laid down herein, will stand overruled."
7. At this juncture, the learned Counsel for the appellant would fairly concede that the Criminal Appeal is not maintainable and would submit that the papers may be returned, so as to enable the appellant to file a Civil Appeal under Section 11 of TNPID Act before this Court.
8. Considering the above, this Court has no hesitation to hold that the Criminal Appeal now filed is not maintainable and hence, the Registry is directed to return the papers so as to enable the appellant to file the same before the appropriate Forum. It is also clarified that the appellant is entitled to exclude the time spent in the present proceedings, while calculating the limitation period for filing the civil appeal under the TNPID Act. sd/- 27/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SSL Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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TO 1 THE SPECIAL JUDGE, UNDER TNPID ACT CASES, MADURAI.
2 THE DISTRICT REVENUE OFFICER COLECTOR OFFICE BUILDING, NEAR BY ANNA BUS STAND MADURAI -7 3 THE INSPECTOR OF POLICE EOW ECONOMIC OFFIENCE POLICE STATION, VISWANTHAPURAM MADURAI -1 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S. PRABHU RAJADURAI. G Advocate SR.No.34248(F)
ORDER
IN Date :27/07/2022 ssl PKP/PN/SAR-4/28.07.2022/4P/6C 4/4