ORDER

This Criminal Original Petition has been filed to order transfer of the case in C.C.No.20 of 2010 now pending on the file of the Special Court under TNPID Act, Madurai for criminal trial to the learned Chief Judicial Magistrate, Dindigul for fair trial.

2.The case of the prosecution is that Accused Nos.1 to 4 were running a Finance Company in the name and style of “Ravi & Co. Bankers” as a partnership business. They collected deposits from the general public by promising to repay with interest and committed default in repayment of deposits. On the complaint, the F.I.R has been registered in Crime No.1 of 2005 for the offences under Sections 406, 418, 420, 423 and 120(b) of I.P.C on the file of the Inspector of Police, Economic Offences Wing – II, Dindigul. In pursuant to the registration of F.I.R, the Government attached the leasehold premises of the fifth accused, namely “Hotel Swagath”, which was originally belonged to Accused Nos.1 to 4, by G.O.Ms.No. 1326, Home (Courts-2A) Department, dated 18.12.2000 by way of interim attachment under the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1987 (in short hereinafter referred to as “TNPID Act”). In the meanwhile, Accused Nos.1 to 4 filed a Writ Petition in W.P.No.5342 of 2001 before this Court challenging the interim attachment and it was disposed of by the Principal Bench of this Court on 02.07.2001 on condition to deposit a sum of Rs.50,000/- per month by Accused Nos.1 to 4, till further orders passed by the Special Court. The interim attachment of the property was made absolute, by an order, dated 19.05.2003 by the Special Court under the TNPID Act, Madurai. While being so, Accused Nos.1 to 4 approached Accused No.5 lessee with a proposal for sale of the said property in order to settle their dues. Accordingly, they sold out the hotel premises to Accused No.5 by the registered sale deed, dated 11.08.2003 for the sale consideration of Rs.1,15,00,000/-. Hence, the District Revenue Officer preferred a complaint and the same has been registered in Crime No.1 of 2005 for the offences under Sections 406, 418, 420, 423 and 120(b) of I.P.C, in which, the petitioner is arraigned as Accused No.6 on the allegation that while he was serving as District Registrar, Dindigul, registered the sale deed, dated 11.08.2003 executed by Accused Nos.1 to 4 in favour of the fifth accused. After completion of investigation, the first respondent filed the final report and the same has been taken cognizance in C.C.No.20 of 2010 on the file of the Special Court for TNPID Cases, Madurai.

3.The learned counsel appearing for the petitioner would submit that after satisfying the settlement of dues payable to the complainant, the Special Court under TNPID Act, Madurai has passed a final Judgment, dated 29.12.2016 made in C.C.No.1 of 2008, acquitting all the accused and thus, the entire criminal case attained finality as early as on 29.12.2016. While so, the Special Court has now commenced further trial with regard to the sale, purchase and registration of property during attachment at the instance of the first respondent in Crime No.1 of 2005 on the file of the Deputy Superintendent of Police, Economic Offence Wing-II, Dindigul for the offences under Sections 406, 418, 420, 423 r/w

120(b) of I.P.C.

4.The learned counsel appearing for the petitioner would further submit that the Special Court under the TNPID Act is established with the object to try the complaint against the defaulting financial companies which committed default in repayment of their deposit amount to take recovery proceedings, safeguard the interest of depositors and to return the deposit after maturity. Thus, the aim of the Act is to protect the interest of the depositors money without driving the depositors to take civil action. In fact the offence of default may be compounded by the competent authority with the permission of the Special Court on payment of entire amount due to the depositors with o