IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
M/s.G.S.Poultry Farms – Appellant
Versus
The State – Respondent
| Table of Content |
|---|
| 1. claims of fraud through deposit schemes. (Para 2 , 3 , 4) |
| 2. argument against conviction based on failure of prosecution proof. (Para 7 , 8) |
| 3. court discussion on intention, mens rea, and contract execution. (Para 12 , 13 , 15 , 16) |
| 4. final judgment and sentence modification. (Para 18 , 19) |
JUDGMENT
This Criminal Appeal has been filed challenging the Judgment dated 16.11.2022 passed in C.C.No.37 of 2013 by the learned Special Judge, Special Court under TNPID Act, Coimbatore, thereby convicting the appellants for the offences punishable under Sections 420 , 406 of IPC , Section 5 of TNPID Act and Section 120-B r/w 420 of .
2. The case of the prosecution is that the first accused is a registered partnership firm as M/s.G.S. Poultry Farms, in which the second and third appellants are the Directors. The fourth and fifth accused were employees of the said firm and were actively involved in its day to day affairs. It is alleged that all the accused, with a dishonest intention, had collected huge amounts as deposits from the general public under various schemes, which are as follows :
In Scheme I :- If the depositor deposits, 1 unit amount of Rs.50,000/- they would supply
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