Assur Group Of Investments And Capitals Represented Through v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of October Two Thousand and Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI in CRL A(MD)SR No.19607 of 2020 1 ASSUR GROUP OF INVESTMENTS AND CAPITALS REPRESENTED THROUGH, THE PARTNERS ACCUSED No.2to6, No.18, SENGUNTHAR NAGAR, KARUR.

2 R.GOPINATH ... PETITIONER/APPELLANT Vs THE STATE REP. BY THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING II, KARUR DISTRICT.

CRIME NO. 19 OF 2013. ... RESPONDENT/RESPONDENT Prayer in CRL MP(MD) No.4976 of 2020:

Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to condone delay of 175 days in filing the appeal as against the Judgement Passed in C.C.No. 15 of 2017 on the file of the Learned Special Court under the Tamilnadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997 Madurai dated 31.07.2019.

Prayer in CRL A(MD)SR No.19607/2020:

To call for the records pertaining to the Judgment dated 31.07.2019 passed in CC.No.15/2017 on the file of the Special Court Under the Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997, Madurai and acquit the appellant of all the charges, there by allow the present appeal as prayed for. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of 1/3

M/S.S.MAHENDRAPATHY, Advocate for the petitioner and of MR.R.SARAVANA KUMAR, Government Advocate on behalf of the Respondent, the Court made the following order:- The petition is filed to condone the delay of 175 days in filing the revision case in Crl.A.(MD)No.SR19607 of 2020. 2.On the side of the petitioner, it is stated that the petitioner is in custody for more than nine months and hence, he could not file the appeal within the time frame and prays the delay to be condoned.

3.On the side of the respondent, it is stated that the amount involved is Rs.1,56,00,000/- (Rupees One Crore and Fifty Six Lakhs only). It is stated that the delay may be condoned on condition to deposit some amount.

4.In view of the representations made by both the counsel, this petition is allowed on condition that the petitioner is hereby directed to deposit a sum of Rs.6,00,000/- (Rupees Six Lakhs only) to the credit of C.C.No.15 of 2017 on the file of the Special Court under the Tamil Nadu Protection of Interest of Depositers (in Financial Establishment) Act within a period of one month from the date of receipt of copy of this order. On such deposit, the learned trial Judge, shall re-deposit the sum of Rs.6,00,000/- (Rupees Six Lakhs only) in any Nationalised Bank, so that, the amount accrues interest and the same can be disbursed depending upon the outcome of the Criminal Revision Case. Failing which, this petition stands automatically dismissed.

5.The Registry is directed to number the appeal. sd/- 07/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, SPECIAL COURT UNDER THE TAMILNADU PROTECTION OF INTEREST OF DEPOSITORS(IN FINANCIAL ESTABLISHMENT), MADURAI.

2. THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING II, KARUR DISTRICT.

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3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.4976 of 2020 in CRL A(MD)SR No.19607 of 2020 Date :07/10/2020 MRN SRS/ AKM/SAR-IV/ 09.10.2020/ 3P/4C 3/3