Supreme Court - Daily Orders
K. Boodanathan vs S. Natarajan on 15 September, 2017
Bench: Ranjan Gogoi, Navin Sinha
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S) 1660-1662 OF 2017
[Arising out of Special Leave Petition
(Criminal) Nos.2875-2877 of 2016]
K. BOODANATHAN ...APPELLANT(S)
VERSUS
S. NATARAJAN & ORS. ...RESPONDENT(S)
WITH
CRIMINAL APPEAL NO(S) 1663-1665 OF 2017
[Arising out of Special Leave Petition
(Criminal) Nos.2890-2892 of 2016]
[THE PONDICHERRY NON-BANKING INVESTORS
PROTECTION ASSOCIATION FOR PNL NIDHI LTD.
VS.
S. NATARAJAN & ANR.]
ORDER
1. Leave granted.
2. We have heard the learned counsels for the parties.
Signature Not Verified Digitally signed by VINOD LAKHINA Date: 2017.09.18 17:06:21 IST Reason: 2
3. The High Court has quashed the criminal proceedings against the respondent
- accused. Aggrieved the complainant(s) is in appeal before this Court.
4. The basis of the order of the High court appears to be that the respondent accused – S. Natarajan (Accused No.12) was a Director of M/s PNL Nidhi Limited during the period between 1995 and 2000 and the default in repayment of dues to the depositors by the Company – M/s PNL Nidhi Limited occurred in the year 2004. In this regard, we have taken note of two relevant facts which appear from the record. The first is that during the period when the respondent accused was a Director of M/s PNL Nidhi Limited the funds of M/s PNL Nidhi Limited were diverted in different corporate entities and such diversion resulted in consequential default in repayment of money to the depositors. 3
5. Another fact that emanates from the record is that the respondent accused held the controlling interest in a private limited company, i.e. Calfin Credit Holdings Pondicherry Limited, Chennai, which was one of the beneficiaries of the diverted funds and he had transferred the said Company (Calfin Credit Holdings Pondicherry Limited, Chennai) to the other co-accused in the year 1993.
6. In the light of the above facts and circumstances of the case we do not think that the High Court was right in quashing the criminal proceedings against the respondent – accused who was accused No.12 in the said criminal proceedings.
7. We refrain from addressing any other issue, save and except, what is indicated above to record our conclusion that the order of the High Court is not 4 legally tenable. We, therefore, set aside the same and allow these appeals.
....................,J.
(RANJAN GOGOI) ...................,J.
(NAVIN SINHA)
NEW DELHI
SEPTEMBER 15, 2017
5
ITEM NO.54 COURT NO.3 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S).
2875-2877/2016
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 05-11-2015 IN CROP NO. 7947 OF 2012 AND MP NOS. 1 & 2 OF 2012 IN CROP NO.7947 OF 2012 PASSED BY THE HIGH COURT OF JUDICATURE AT MADRAS) K. BOODANATHAN PETITIONER(S) VERSUS S. NATARAJAN & ORS. RESPONDENT(S) (AND IA NO.90435/2017-EXEMPTION FROM FILING O.T.) WITH SLP(CRL) NO. 2890-2892/2016 (II-C) Date : 15-09-2017 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Kapil Sibal, Sr. Adv.
Mr. K.N. Balgopal, Sr. Adv. Mr. Shashank Bajpai, Adv. Mr./Ms. Shakun S. Shukla, Adv. Mr. M. Saini, Adv.
Mr. Jitender, Adv.
Mr. A.P. Mukundan, Adv. Mr./Ms. Gopi Nagar, Adv. Mr. Prakash Kumar Singh, AOR For Respondent(s) Mr. R. Venkataramani, Sr. Adv.
Mr. V. G. Pragasam, AOR Mr. Prabu Ramasubramanian, Adv. Mr. Manu Sundaram, Adv. Mr. Yashraj Singh Bundela, Adv. Mr. Praveen Vignesh, Adv.
Mr. Raju Ramachandran, Sr. Adv. Ms. Pooja, Adv.
Mr. A. Radhakrishnan, AOR Mr. Anurag Singh, Adv. Dr. Ritu Bhardwaj, Adv.6
Mr. Nagendra Rai, Sr. Adv. Ms. Pooja, Adv.
Mr. A. Radhakrishnan, AOR Mr. Anurag Singh, Adv. Dr. Ritu Bhardwaj, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]