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CC 5 2015pdf
CC 5 2015pdf
2) Nallasivam,
S/o. Mani,
Nagampalli,
Nagampalli (PO),
Aravakuruchi (TK),
Karur District.
3) Rajamani, (discharged)
W/o. M. Nallasivam,
Nagampalli,
Nagampalli (PO),
Aravakuruchi (TK),
Karur District.
4) P. Raju (Died)
S/o. Palaniappagounder,
Ponnagoundanur,
Pallapatti,
Aravakuruchi (TK),
Karur District.
5) Om Prakash (discharged)
S/o. P. Raju,
2
Ponnagoundanur,
Pallapatti,
Aravakuruchi (TK),
Karur District. … Accused
Offence : u/s. 5 of TNPID Act, 420, 406, 120(B) IPC.
Finding : In the result, prosecution failed to prove the offence alleged u/s 120(B) IPC
and the accused A1, A2 found not guilty u/s 120(B) IPC. The 1st accused is the
proprietorship concern and is not a legal person. Since it is not a separate legal entity,
the 1st accused cannot be convicted. 2nd accused found guilty u/s 406, 420 IPC and
section 5 of TNPID Act and convicted. Charge against 4th accused abated.
Sentence :Considering the nature of offences and amount involved in this case, the 2 nd
accused is sentenced to undergo rigorous imprisonment for one year u/s 406 IPC, and
sentenced to undergo rigorous imprisonment for a term of 7 years and to pay fine of
imprisonment for a period of 4 years and to pay fine of Rs.5000/- u/s 420 IPC in
months. All the above sentences imposed for the offences shall run concurrently. The
12.11.2014 to 24.03.2015 and from 19.12.2020 till 8.3.2021 are ordered to be set off
R.P.R.No.15/2014 are ordered to be kept with case records. The cash of Rs.80/- in
time.
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Date of
Occurr Complaint Apprehensio Release Commence Close of Sentence Expla
ence n or on bail ment of trial or order nation
appearance trial of
delay
(8) (9) (10) (11) (12) (13) (14) (15)
This case up on 05.3.2021 for final hearing before me, in the presence of Thiru
K. Ramani, Special Public Prosecutor for the Complainant and of Thiru K.K.Kannan,
Advocate for the 1st and 2nd accused and upon hearing the arguments of the
Prosecutor and after perusing the records, and having stood over till this day for
JUDGMENT
The Inspector of Police, Economic Offences Wing-II, Karur filed final report
against the accused on the allegation that the accused No.2 to 5 in the name of A1
conspired themselves to cheat the depositors and without repaying the deposit amount
converted the same to promote their wealth. Thereby the accused committed offences
punishable u/s 120(B), 406, 420 IPC and section 5 of TNPID Act.
furnished to the accused u/s 207 Cr.P.C. and upon perusing the records and hearing
arguments on both sides and having satisfied that prima facie case made out against
the accused and from the available records, this court has framed charge against all
the accused u/s.5 of TNPID Act, 420, 406, 120(B) IPC. When the said charge was
read over and explained to the accused in Tamil they denied the charges. Hence this
3) To prove the guilt of the accused, the prosecution has examined P.W.1 to
interest at the rate of 12% per annum for the deposits. Believing the version many
sum in the 1st accused Fashion Investments in their name and in their relative's name.
5) Ex.P2, P4, P6, P8, P10, P12, P14, P16, P18, P20, P22, P24, P26, P28, P30,
P32, P34, and P36 are the deposit receipts issued by the 2 nd accused. Then the
accused used the deposit amount for their personal gain and defaulted to return the
deposit amount.
16.00 hours and gave Ex.P25 complaint. On receipt of the complaint the Special Sub
Inspector of Police Mr. Arumugam registered a case in Cr.No.1/14 u/s 406, 420,
120(B) IPC and section 5 of TNPID Act. Ex.P42 is the First Information Report.
Then he placed the records before the Inspector of Police. On that day itself, P.W27
Inspector of Police Mr. Godwin Jegadish Kumar took up investigation went to the
11.00 A.M in police station. On interrogation, the accused No.4, Raju voluntarily
gave confessional statement which was recorded by P.W27 in the presence of Village
No.4. Ex.P39 is the signature of P.W25 in the confession of accused No.4. On that
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day, P.W27 examined witness No.24 Azhagirisamy, P.W25 Kanagaraj and recorded
their statements.
in the bus stop in front of Government Arts College, Thanthonni Malai. After
bringing him to the police station, on interrogation the accused No.2 Nallasivam gave
P.W25 Kanagaraj. Ex.P40 and 41 are the signatures of P.W25 and P.W26 in the
Kumarasamy, P.W3 Krishnan and other witnesses and received the complaint and
recorded their statements. Ex.P1, P3, P5, P7, P9, P11, P13, P15, P17, P19, P21, P23,
P25, P27, P29, P31, P33 and P35 are the complaints given by the depositors. After
completion of the investigation, P.W27 filed final report against the accused.
8) The accused was examined under section 313(1)(b) Cr.P.C. in respect of the
accused denied them as false. On the side of accused, no witnesses were examined.
9) In this case, the 3rd accused Rajamani and 5th accused Omprakash were
discharged as per the order of this court in Crl.M.P. No.2720/2016 dated 23.11.2016.
The 4th accused Raju died during the course of trial and hence case against him
abates. Now the case as against the 1st and 2nd accused is dealt with herein. The
accused were charged u/s 420, 406, 120(B) IPC and section 5 of TNPID Act.
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10) Point for consideration is whether prosecution proved the offences against
11) It is the case of prosecution that the 2nd accused Nallasivam along with
and collected deposits from P.W1 to P.W17 and P.W21 and thereafter defaulted to
repay the same. P.W18 Balaji is the owner of the building in D.No.106 of North
Narasimmapuram, Karur. P.W19 Shanmugam and P.W20 Sekar are the nearby shop
owners of the Fashion Investments. According to P.W18 all the accused jointly
him from the year 2010. Then in the year 2013, the accused closed their business and
absconded. According to P.W19 and P.W20, all the accused jointly were conducting
the 1st accused financial establishment in the building owned by P.W18 and in the
year 2013, they have cheated the depositors and closed their business and absconded.
From the above evidence of P.W18 to P.W20, it is proved that this second accused
Nallasivam along with other accused was running the financial establishment in
12) P.W13 Silambannan is the informant in this case. According to him, the 2 nd
accused Nallasivam and his relatives (other accused) were conducting the 1 st accused
financial establishment and the 2nd accused induced him by stating that if money is
invested in his financial establishment, he would give higher rate of interest and he
would give gift articles also. Believing the version, P.W13 deposited totally a sum of
Rs.2,00,000/- in his name and in the name of his family members. He has further
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stated that since the amount was not returned, on 5.6.2014 he gave Ex.P25 complaint
to police.
13) P.W1 Ramasamy has stated that believing the words of the accused he
deposited a sum of Rs.1,40,000/- in his name and in the name of his family members
and the accused defaulted to repay it. Ex.P1 is the complaint given by him.
14) P.W2 Kumarasamy also has stated that he deposited a sum of Rs.91,000/-
in the 1st accused financial establishment run by the accused and thereafter the
15) P.W3 has deposed that he deposited a sum of Rs.35,000/- which was not
the financial establishment of the accused and they did not return the amount.
17) According to P.W5 Yamini, she deposited a sum of Rs.2,00,000/- and the
18) P.W6 Vijayakumar has stated that he deposited a sum of Rs.90,000/- in the
1st accused financial establishment and which was run by Accused No.2 Nallasivam
and his family members and they cheated him by not returning the amount.
P.W8 Dharmalingam has stated that he deposited a sum of Rs.2,00,000/- and P.W9
that she deposited a sum of Rs.80,000/-. All the above witnesses have clearly stated
that the 1st accused financial establishment was run by A2 Nallasivam and other
accused. Ex.P1, P3, P5, P7, P9, P11, P13, P15, P17, P19, P21, P23, P25, P27, P29,
P31, P33 and P35 are the complaints given by P.W1 to P.W17 and P.W21 to police.
All the above witnesses have stated that they deposited mondy in their name and in
the name of their family members and the accused cheated them and defaulted to
repay the deposit amount. All the above depositors / witnesses were not cross
examined on the side of the accused. So their evidence in chief examination remains
unchallenged. As already discussed, all the witnesses have produced the deposit
receipts before this court which support their evidence regarding the deposit in the
22) There is nothing to disbelieve the evidence of P.W1 to P.W17 and P.W21
regarding the deposits made by them. It is seen that during investigation, the
investigating officer on 12.6.2017 at about 10.00 A.M., went to the office of the
Fashion Investments and recovered blank receipts, receipt books, rubber stamps,
ledger and cheque books in the name of the Fashion Investments, Karur. So on
analysing the entire evidence of witnesses and documents, it is proved that the 2 nd
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Investments, collected total sum of Rs.31,86,000/- from the witnesses and defaulted
to repay the amount. So the facts would clearly prove the offences alleged u/s 5 of
TNPID Act.
23) In this case, P.W1 has clearly stated that the accused induced him to deposit
money stating that they would give higher rate of interest. The other witnesses P.W2
to P.W17 also have clearly stated that the accused promised them that any deposit
amount will be returned at request and they would give higher rate of interest.
According to the witnesses, believing their version only they deposit money in the 1 st
accused financial establishment. It is seen from the evidence that the accused has not
returned any amount to any witnesses till date. So it can be held from the facts that
the accused with intention to cheat the depositors, induced them and received money
and thereafter cheated them. So to the facts of this case, the offence u/s 420 IPC is
24) The next offence alleged is u/s 406 IPC. P.W1 to P.W17 and P.W21 have
clearly stated that they invested money with the accused and it was not refunded. So
the entrustment and subsequent breach of trust is proved and so the offence alleged
25) Regarding the offence, u/s 120(B), it is seen that 3 rd accused Rajamani and
5th accused Omprakash were discharged from this case. 4 th accused Raju already died.
Though it is stated by the witnesses in their evidence that all the accused jointly run
the financial establishment, there is absolutely no evidence that there was meeting of
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mind of all the accused at any point of time to cheat the depositors. So without such
proof, this court cannot come to a conclusion that criminal conspiracy was taken
place. So there is insufficient evidence to prove the alleged offence u/s 120(B) IPC.
26) In the result, prosecution failed to prove the offence alleged u/s 120(B) IPC
and the accused A1, A2 found not guilty u/s 120(B) IPC. The 1st accused is the
proprietorship concern and is not a legal person. Since it is not a separate legal entity,
the 1st accused cannot be convicted. 2nd accused found guilty u/s 406, 420 IPC and
section 5 of TNPID Act and convicted. Charge against 4th accused abated.
28) The plea of 2nd accused was considered. Considering the nature of offences
and amount involved in this case, the 2nd accused is sentenced to undergo rigorous
imprisonment for one year u/s 406 IPC, and sentenced to undergo rigorous
imprisonment for a term of 7 years and to pay fine of Rs.5000/- u/s 5 of TNPID Act
and to pay fine of Rs.5000/- u/s 420 IPC in default of payment of fine sentenced to
undergo rigorous imprisonment for six months. All the above sentences imposed for
the offences shall run concurrently. The period of imprisonment already undergone
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by 2nd accused Nallasivam from 12.11.2014 to 24.03.2015 and from 19.12.2020 till
The receipt books, note books, ledger, promissory notes, cheques remanded in
R.P.R.No.15/2014 are ordered to be kept with case records. The cash of Rs.80/- in
time.
ANNEXURE
P.W.1 Ramasamy
P.W.2 Kumarasamy
P.W.3 Krishnan
P.W.4 Shahul Hameed
P.W.5 Yamini
P.W.6 Vijayakumar
P.W.7 Periyasamy
P.W.8 Dharmalingam
P.W9 Sakthivel
P.W10 Sadanandham
P.W11 Periyasamy
P.W12 Karuppannan
P.W13 Silambannan
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P.W14 Kandhasamy
P.W15 Kuppusamy
P.W16 Arumugam
P.W17 Govindasamy
P.W18 Balaji
P.W19 Shanmugam
P.W20 Sekar
P.W21 Rasiyathal
P.W22 Senguttuvan (Village Administrative Officer)
P.W23 Selladurai (Village Assistant)
P.W24 Azhagirisamy (Village Administrative Officer)
P.W25 Kanagaraj (Village Assistant)
P.W26 Nagamanigandan (Village Administrative Officer)
P.W27 Godwin Jegadeesh Kumar (Inspector of Police)
Ex.P17 Complaint
Ex.P18 Receipts.
Ex.P19 Complaint
Ex.P20 Receipts.
Ex.P21 Complaint
Ex.P22 Receipts.
Ex.P23 Complaint
Ex.P24 Receipts.
Ex.P25 5.6.14 Complaint
Ex.P26 Receipts.
Ex.P27 Complaint
Ex.P28 Receipts.
Ex.P29 Complaint
Ex.P30 Receipts.
Ex.P31 Complaint
Ex.P32 Receipts.
Ex.P33 Complaint
Ex.P34 Receipts.
Ex.P35 Complaint
Ex.P36 Receipts.
Ex.P37 Athatchi
Ex.P38 6.6.14 Signature of P.W24 in confessional statement of A4
Ex.P39 6.6.14 Signature of P.W25 in confessional statement of A4
Ex.P40 12.11.14 Signature of P.W25 in confessional statement of A2
Ex.P41 12.11.14 Signature of P.W26 in confessional statement of A2
Ex.P42 First Information report.
III. List of M.O. marked by prosecution: - Nil,
IV. List of Defence witnesses: Nil.
V. List of exhibits marked by defence :- Nil.
Sd/ T.V. Hemanandakumar,
Special Judge,
Special Court under TNPID Act Cases,
Madurai.