Mohan vs State Rep. By on 2 March, 2016

[Cites 7, Cited by 0]

Madras High Court

Mohan vs State Rep. By on 2 March, 2016

Bench: P.N.Prakash

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 02.03.2016  

CORAM   
THE HON'BLE MR.JUSTICE P.N.PRAKASH         

Crl.O.P.(MD) No.3675 of 2016 

Mohan           ...   Petitioner/PW6
-vs-

State Rep. by
The Inspector of Police,
District Crime Branch,
Karur.
(Crime No.20 of 2014)   ...   Respondent/Complainant

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C.,
praying to set aside the cognizance taken by learned Judicial Magistrate
No.II,  Kulithalai in C.C.No. 64 of 2015 and direct the Respondent Police to
file final report before the Special Court under TNPID Act by including the
offence under TNPID Act by including the offence under TNPID Act.

!For Petitioner : Mr.S.Rajaprabu

For Respondents : Mr.K.V.Rajarajan        
                          Govt. Advocate (Crl.Side)

:O R D E R

This petition has been filed to set aside the cognizance taken by learned Judicial Magistrate No.II, Kulithalai in C.C.No. 64 of 2015 and direct the Respondent Police to file final report before the Special Court under TNPID Act by including the offence under TNPID Act by including the offence under TNPID Act.

2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side) for the respondent, who would submit that after completion of the investigation, the charge sheet in C.C.No.64 of 2015 has been filed before learned Judicial Magistrate No.II, Kulithalai under Sections 420 and 506(i) IPC r/w 34 IPC and Section 76 of the Chit Funds Act, 1982.

3. On reading of the complaint, it is seen that the accused have conducted unauthorized chit in the village by collecting monies from various subscribers and had failed to repay it to them. A Chit transaction will not fall within the ambit of TNPID Act, as it is evident from the definition to the words 'Chit' in Chit Funds Act, 1982 and 'deposit' in TNPID Act, which read as follows:

?2(b) ?chit? means a transaction whether called chit, chit fund, chitty, kuri or by any other name by or under which a person enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money (or a certain quantity of grain instead) by way of periodical instalments over a definite period and that each such subscriber shall, in his turn, as determined by lot or by auction or by tender or in such other manner as may be specified in the chit agreement, be entitled to the prize amount; Explanation.?A transaction is not a chit within the meaning of this clause, if in such transaction -

(i) some alone, but not all, of the subscribers get the prize amount without any liability to pay future subscriptions; or

(ii) all the subscribers get the chit amount by turns with a liability to pay future subscriptions;

2(2) ?deposit? means the deposit of money either in one lump sum or by instalments made with the Financial Establishment for a fixed period, for interest or for return in any kind or for any service.?

4. Under such circumstances, the direction as prayed for by the petitioner cannot be granted. Hence, this Criminal Original Petition is dismissed.

1. The Inspector of Police, District Crime Branch, Karur.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..

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