Crl.O.P.(MD)No.13624 of 2020

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

RESERVED ON : 25.04.2022

PRONOUNCED ON

: 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.(MD)No.13624 of 2020

and

Crl.M.P(MD)No.6255 of 2020

N.Vanchimuthu

... Petitioner/Accused No.5

Vs.

1.The State represented by,

The Deputy Superintendent of Police,

Economic Offence Wing – II,

(Crime No.1 of 2005),

Dindigul.

... 1^st Respondent/Complainant

2.The Competent Authority/

District Revenue Officer,

Dindigul.

... 2^nd Respondent/

Defacto complainant

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C.,

to call for the records relating to the impugned proceedings in

C.C.No.20 of 2010 on the file of the Special Court, TNPID Act,

Madurai concerned in Crime No.1 of 2005 on the file of the Deputy

Superintendent of Police, Economic Offence Wing – II, Dindigul,

quash the same as against the petitioner.

For Petitioner

: Mr.G.Prabhakaran

For Respondents

: Mr.A.Thiruvadi Kumar

Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the

proceedings in C.C.No.20 of 2010 on the file of the Special Court,

TNPID Act, Madurai, in Crime No.1 of 2005 on the file of the Deputy

Superintendent of Police, Economic Offence Wing – II, Dindigul as

against the petitioner.

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

1/13

https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.13624 of 2020

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 petitioner/5^th 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 the petitioner/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 the

petitioner/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.5. 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 the petitioner, being a lessee, had absolutely no knowledge

about the attachment against the subject property. From the total

consideration, a sum of Rs.45,50,323