The main legal point established in the judgment is the accountability of the accused under the TNPID Act for cheating investors through false promises.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, 1973 against the judgment dated 09.12.2020, passed by the learned Special Judge, Special Court under TNPID Act, Coimbatore, in C.C.No.11 of 2014.)

1. The present appeal by the A4 and A5, the mother and son duo, G.Malliga and G. Mugesh, is against the Judgment dated 09.12.2020, passed by the learned Special Judge, Special Court under TNPID Act, Coimbatore, in C.C.No.11 of 2014.

2. The Inspector of Police, EOW-II, Erode laid a charge sheet against six accused A1 to A6. A1 and A2 were M/s. Raja Rajeshwari Poultry farms and M/s. Sri Raja Rajeshwari Poultry farms at Vijayamangalam, Erode District, respectively. A3, S.K. Ganesan (since deceased) and his wife G.Mallika (A4) were the partners in the said firms since March 2012 and the A1 firm was duly registered with the Registrar of Firms, Salem vide Registration No.199/2012. A5 and A6 are G.Mukesh and G.Manoj Kumar, two sons of the couple. The case against A6 was split up as C.C. No.3 of 2020 since he was a minor then.

2.1. There are as many as 75 investors who were allegedly lured by the advertisement given by the A3 and A4, partners of both the poultry farms. The scheme floated by them was that whoever is interested in investing a minimum of Rs.1 lakh in the Poultry farm would be provided a shed, 375 country chicks, feed, other expertise including medical assistance for 3 months, monthly returns of Rs.7,000/-, taking back the chicks after three months and return of the entire Rs.1 lakh after 3 years.

2.2. All the 75 investors, it appears, were lured by the advertisement in the local dailies and invested sums ranging from Rs.1 lakh to Rs.3 lakhs expecting huge returns. The scheme which was successful in the beginning was aborted midway and the original investment amounts were not returned. The aggrieved investors approached the police. Thiru.Manivannan, the Special Sub Inspector of Police, Perundurai Police Station, received the complaints and registered an FIR (Ex.P.213) in Crime No.1081/2012 on 20.12.2012 under Section 420 of the Code of Criminal Procedure and sent the FIR copy to Vivekanandan (P.W.81), Circle Inspector of Police, Perundurai Police Station who made further enquiries and recorded the statements of some affected investors and sent the file to EOW, Erode. Later all the 75 investors were examined and their statements were recorded. The final report was submitted by Soundararajan (P.W.83), Inspector of Police on 27.09.2014 against the accused under Sections 120(b), 420 IPC and Section 5 of TNPID Act. He had also arrested Mallika (A4) on 20.01.2014 near Perundurai bus stop. Finally Karunakaran (P.W.84) (Investigationg Officer) filed additional charge sheet under Sections 120(b), 420 IPC and Section 5 of TNPID Act.

2.3. In the trial, the prosecution brought in 84 witnesses and adduced as many as 218 exhibits to prove the guilt of the accused. No material objects were there as no asset was seized from the accused. All the investors P.W.1 to P.W.75 had deposed with regard to their investments made in A1 and A2 firms. According to them they were not returned back their money despite repeated demands made by them. All the depositors were not cross examined by the accused. The evidence of the depositors corroborated with each other.

2.4 The accused denied having committed any offence when they were questioned under Section 313 Cr.P.C. There were no witnesses or documentary evidence on their side.

2.5. The trial court found all the accused as guilty and sentenced them as follows: