Neethimani v. Arunkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.03.2024

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P(MD).Nos.8477 of 2021 and Crl.M.P(MD).Nos.4360 and 9484 of 2021

1. Neethimani

2. Menaka ... Petitioners/Accused Vs.

1. Arunkumar

2. The Deputy Superintendent of Police, Economic Offences Wing, Ramanathapuram.

... Respondent/Complainant (R2 is suo-motu impleaded as per order of the Court dated 27.04.2023 in Crl.O.P(MD).No.8477 of 2021, 22744 of 2022 and 16144 of 2021 by K.K.R.K.J) 1/11

PRAYER: Criminal Original Petition has been filed under Section 407 of Cr.P.C., to transfer the criminal case in S.T.C.No.6 of 2021 pending on the file of the learned Judicial Magistrate No.1, Ramanathapuram, to TNPID Court, Madurai and to hear along with the Crime No.2 of 2020 on the file of EOW Ramand, pending on the file of TNPID, Madurai. For Petitioners : Mr.S.Prabakaran, Senior Counsel for Mr.Karthikeyan Sekar For Respondents : Mr.A.John Vincent for R1 : Mr.S.Ravi, Additional Public Prosecutor, for R2

ORDER

The petitioners filed this petition to transfer the criminal case in S.T.C.No. 6 of 2021 pending on the file of the learned Judicial Magistrate No.1, Ramanathapuram, to TNPID Court, Madurai, to hear along with the Crime No.2 of 2020 of Economic Wing, Ramanathapuram, pending on the file of TNPID, Madurai.

2/11

2.The grievance of the petitioners is that the first respondent lodged a private complaint, against the petitioners, for the offence punishable under Section 138 of Negotiable Instruments Act and the case was taken on file by the learned Judicial Magistrate No.1, Ramanathapuram, as S.T.C.No.6 of 2021. Further for the same cause of action, the respondent filed another complaint and FIR in Crime No.347 of 2020 has been registered and the same was renumbered as Crime No.2 of 2020 for the offence under Sections 406, 420, 294(b) and 506(ii) of IPC, on the file of the Economic Offence wing, Ramanathapuram. Hence, he seeks to transfer the case.

3.During the course of the hearing on 27.04.2023, this Court suo motu impleaded the Deputy Superintendent of Police, Economic Offences Wing, Ramanathapuram, as the second respondent. In order to ascertain the fact of criminal case pending against the petitioners/Bullion Fintech LLP at Chennai, this Court called the impleaded officer to file a report and the said officer filed periodical report for the last few years about the investigation conducted and filed status report before this Court. The relevant paragraph reads as follows: 3/11

4/11

5/11

6/11

4.In view of investigation being conducted by the second respondent/Deputy Superintendent of Police, (I/C of Ramanathapuram District) Economic Offences Wing, (Finance Institution) Kanyakumari District at Nagercoil, this Court is inclined to issue a direction to the second respondent/Officer to complete the investigation and collect all the details of the properties mentioned in the status report and file the final report before TNPID Court, Madurai.

5. To consider the plea of the transfer of the case in S.T.C.No.6 of 2021 and to hear along with the Crime No.2 of 2020, it is relavant to extract Section 6(3) and 6(4) of the Act, 1997:- 6(3) Any pending case in any other court to which the provisions of this Act apply shall stand transferred to the Special Court.

6(4) When trying any case, the Special Court may also try any offence, other than an offence specified in section 5, with which the accused may, under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) be charged, at the same trial. 7/11

6.Upon reading the above provision and also the specific case of the respondent herein who has filed the case in S.T.C.No.6 of 2021 on the basis of the cheque issued to discharge the liability of the depositors, this Court is inclined to transfer the case S.T.C.No.6 of 2021 on the file of the learned Judicial Magistrate No.1, Ramanathapuram to the Special Court Constituted under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, Madurai and conduct the trial in S.T.C.No.6 of 2021 independently. 7.Since the case in S.T.C.No.6 of 2021 is pending for a many years and also the first respondent has invested the amount in the financial institution long before in the year 2018, this Court declines the relief to hear along with the crime No.2 of 2020 for the reason that the investigation in the said crime number is in progress.

8.Accordingly, this Criminal Original Petition is Partly allowed on the following terms:

(i)the case in S.T.C.No.6 of 2021 is hereby directed to be transferred from the file of learned Judicial Magistrate No.1, Ramanathapuram to the file of 8/11

Special Court for the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, Madurai. (ii)the learned Special Judge is hereby directed to dispose of the S.T.C.No. 6 of 2021 within a period of nine months from the date of receipt of the copy of this order, (iii) the prayer to hear the case in S.T.C.No.6 of 2021 along with the crime No.2 of 2020 is dismissed.

Consequently, the connected criminal miscellaneous petitions are closed. 26.03.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No vsg 9/11

To

1. The Learned Judicial Magistrate No.1, Ramanathapuram.

2. The Learned Judge, TNPID Court, Madurai.

3. The Deputy Superintendent of Police, Economic Offences Wing, Ramanathapuram.

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

10/11

K.K.RAMAKRISHNAN, J.

vsg Crl.O.P(MD).Nos.8477 of 2021 and Crl.M.P(MD).Nos.4360 and 9484 of 2021 26.03.2024 11/11