ORDER

The petitioners who are listed witnesses/victims in C.C.No.34 of

2013 filed this petition seeking direction, directing the learned Special Judge, Special Court under TNPID Cases, Coimbatore to club the cases in C.C.No.34 of 2013 and C.C.No.10 of 2021 and to proceed with the trial.

2.The gist of the case is that on 26.05.2012 several persons preferred complaints against M/s.Jenith Herbals, its proprietor B.Jegatheesan and their agents Kandasamy, Manikandan, Kumar, Palanisamy, Subramani, Rajendran, Thukkagoundar, Kumar, Kandasamy, Elumalai, Sundaram, Nagarathinam, Prakash and others. The complainants were mostly residents of Nalikkalpatty in Salem District. M/s.Jenith Herbals frequently contacts the villagers and deceived them to deposit money in M/s.Jenith Herbals in order to receive huge returns. They also promised that returns can be 1½ times the deposit and that too, within a span of 30 days. Deceived by the same, several persons made deposits by selling their jewels and disposing of their lands. Thus, a total amount of Rs.2,92,47,500/- deposited, one month prior to 26.05.2012. Later it was found that totally from 119 persons Rs.4,29,84,500/- collected as deposits. On receipt of the complaint, the respondent DCB, Salem registered a case in Crime No.24 o 2012 under Section 420 IPC and Sections 4 and 5 of Prize Chits and Money Circulating Scheme [Banning] Act, 1978. Later the case was transferred to Economic Offences Wing [EOW], Salem. The Deputy Superintendent of Police, EOW collected materials and examined the depositors, there were totally 283 depositors who were cheated and the total amount collected by A1 M/s.Jenith Herbals so far has been calculated to Rs.16,52,80,000/-. On conclusion of investigation, charge sheet filed against A1/unregistered Firm, A2/proprietor and A3 to A18, the active agents who acted as brain of the entire clandestine operation, hence committed the offence under Sections 420, 406 r/w. 120(b), 107 of IPC and Section 5 of Tamil Nadu Protection of Interest of Depositors Act [TNPID Act], 1997.

3.The contention of the petitioners is that the accused in this case gave justification for giving such huge returns for the deposits that A1 Company intended to export medicinal plants from Kolli Hills to foreign countries and there is great demand and the accused in this case would receive huge money. In this case, A3 to A18 are the agents who assured and promised to the depositors to remit the amount in the name of M/s.Jenith Herbals in any one of the Bank, produce the receipt to them for an onward action like getting receipts, statement of account from M/s.Jenith Herbals. Further the depositors were provided with promissory note in non-judicial stamp papers in which A2 and Manager Duraisamy would give an undertaking to return 1½ time of deposit amount within 30 days. A2 parted the misappropriated and cheated amount with A3 to A18 as per their collection in the name of commission. Huge receipt of payment in the name of commission by the Agents would clearly prove that it can neither be salary nor commission and the parted amount was such that all knew even at the initial stage that the amount cannot be repaid by A1 and A2. Further, there was no processing of any medicinal herbs and no steps taken for exporting the same. The entire scheme was devised only in paper, the same was spread by way of mouth to mouth canvass and public have been cheated to Crores of rupees.

4.After filing of the charge sheet, the accused appeared before the Trial Court and thereafter, they have been absenting themselves alternatively and dragging on the proceedings. Though charge sheet has been filed during November 2013, till date the depositors yet to see the light and the case has been kept pending. Further, in this case copies were furnished to all the accused on 02.04.2014 and NBW was pending against A2 from 13.04.2015. Thereafter, case against A1 and A2 got split up, taken on file as C.C.No.10 of 2021 and the case against A3