Chinnadurai v. The State rep.by The Sub Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 02.03.2011CORAM:THE HONOURABLE MR. JUSTICE C.T.SELVAMCrl.R.C.(MD)No.93 of 2011 and M.P.(MD)Nos.1 and 2 of 2011Chinnadurai... Petitioner/AppellantVs.The State rep.by The Sub Inspector of Police,Aruppukottai Town Police Station,Virudhunagar District.In Crime No.5 of 1993... Respondent/ComplainantPRAYER: This Criminal Revision Petition is filed under Sections 397 r/w. 401of Cr.P.C., as against the judgment and conviction passed by learned ChiefJudicial Magistrate, Virudhunagar District at Srivilliputhoor in C.C.No.78of 2000 dated 18.07.2006, to undergo R.I.for three years and also to payfine amount Rs.500/-failing which further period of R.I. for three monthsfor the offence punishable u/s. 420 IPC and to undergo R.I for three yearsfor the offence u/s. 3 and 4 of Prize, Chits and Mony Circulation(Banning)Act to undergo 3 years R.I., and the same was modified by the PrincipalSessions Judge, Virudhunagar District at Srivilliputhoor in C.A.No.140 of2006 dated 23.12.2010 for offence under Section 420 of I.P.C. to undergo2 years R.I. and fine of Rs.500/- while exonerated the charges for theoffence under Sections 3 and 4 of Prize Chits and Money Circulation(Banning) Act.For Petitioner: Mr.K.JeganathanFor Respondents: Mr.R.M.Anbunithi,Government Advocate(Crl.Side)ORDERThe Revision petitioner is the first accused in C.C. No.78 of 2000 onthe file of Chief Judicial Magistrate, Virudhunagar District atSrivilliputhur.2.The petitioner was the proprietor of a concern by name SwasthikCompany at Arupukottai. The second accused was the Manager of the saidconcern. Between August 1992 to January 1993, the accused persons hadfraudulently acted so as to cheat the public by entering into criminalconspiracy. The accused persons promised that if a person paid one third ofthe value of the goods or articles, particular article or goods would bedelivered within 10 days. Accordingly, the collected huge amounts. They didnot supply goods or articles as promised by them. A case was registeredbased on the complaint of PW-1. Upon completion of investigation, theaccused persons were charges under section 420 IPC and Sections 3 and 4 ofthe Tamil Nadu Prize, Chits and Money Circulation (Banning) Act.3.The Revision Petitioner and one other stood trial for offencesu/s.420 IPC and Sections 3 and 4 of Prize, Chits and Money Circulation(Banning) Act, in C. C. No.78/2000 on the file of the Chief JudicialMagistrate, Virudhunagar District at Srivilliputhur. The co-accused died https://hcservices.ecourts.gov.in/hcservices/ 2pending trial and this petitioner/ 1st accused was convicted and sentenced toundergo R.I for three years and also to pay fine amount of Rs.500/- failingwhich further period of R.I. for three months for the offence punishableu/s. 420 IPC and convicted and sentenced to undergo R.I for three years forthe offence u/s. 3 and 4 of Prize, Chits and Money Circulation (Banning)Act. Against his conviction, the petitioner moved Criminal Appeal No.140/2006 before the Principal Sessions Judge, Virudhunagar District atSrivilliputtur. The Appellate Court set aside the conviction u/s. 3 and 4 ofPrize, Chits and Money Circulation (Banning) Act, but upheld the convictionin respect of offence u/s.420 IPC. However, it reduced the sentence foroffence u/s.420 IPC to undergo R.I for two years, while confirming the finepayable under judgment dated 18.07.2006. There against, the petitionerhas moved the present revision.4.Heard the arguments advanced by both parties. 5.The finding of the lower Appellate Court is well justified. Of the21 persons who had suffered loss at the hands of the petitioner, Pws-1 to 11were examined. Pws 3, 5 & 6 have turned hostile. However, the otherwitnesses clearly have spoken of the loss suffered by them at the hands ofthe accused persons. The prosecution case has been substantiated by seriesof bills and receipts issued by the accused.6.However, learned counsel for the petitioner submits that even ifthe petitioner being found delinquent, he is a person who has mended hisways and has not been involved in any offences prior to or after thetransactions presently found offended, that the offence is of the year 1993and that the petitioner had undergone imprisonment from 17.02.2002 to31.05.2002. Consequent to the conviction by the trial court, learned counselwould inform that the petitioner is willing to pay compensation to thevictims of his crime, that it would be improper now to require thepetitioner to undergo further imprisonment and would seek that he be giventhe benefit of Probation of Offenders Act.7.Learned Government Advocate (Crl. Side) confirms that thepetitioner had not involved in any previous or subsequent offences.8.This Court finds substance in the plea raised on behalf of thepetitioner. In circumstances where the petitioner has not indulged in anyfurther wrong doings and given the passage of time it would but beappropriate presently to avoid his further incarceration on condition thatsuitable compensation be paid to the victims, this Court had expressed theview that the compensation payable to the victims should be five times ofthe principle amount paid by them. The same stands accepted. Accordingly,this Court directs as follows: -(a) The petitioner shall execute a bond before the Trial Court for a sumof Rs. 10,000/- with two sureties each for a like sum undertaking to appearand receive sentence as and when called upon within a period of one year ofhis executing the bond before the lower court and that in the meanwhile hewould keep peace and good behaviour.(b)The petitioner shall file an affidavit informing the permanent place ofresidence.(c)The petitioner shall cause deposit of a sum of Rs.70,780/- to the creditof C. C. No.78 of 2000 before the trial court. https://hcservices.ecourts.gov.in/hcservices/ 3(d)The lower court shall cause notice to the 11 persons who have been calledas witnesses in the case and the 10 others who have been shown as witnessesin the charge sheet filed. By way of compensation, the following sum shallbe paid to them.Sl.No.NameAmountRs.TotalRs.1Rathinavel385 x 519252Jayaprakash605 x 530253Panchavarnam930 x 546504Muniammal88 x 54405Panneerselvam1309 x 5 65456Uma374 x 518707Velusamy495 x 524758Ravichandran385 x 5 19259Subba Reddiar2200 x 5 1100010Balasubramanian775 x 5 387511Sivagnanam44 x 522012Rajani93.5 x 5 46513Malaisamy275 x 5 137514Nagu Thevar605 x 5 302515Arumuga Thevar605 x 5302516Selvarajan1595 x 5 797517Panchavarnam605 x 5 302518Krishnaveni137.5 x 568519Mery Glara1221 x 5610520Thamayanthi440 x 5220021Chinnathai990 x 549059.The Lower Court shall cause appropriate notice to the concernedpersons calling upon them to appear and receive compensation. In the eventof any such persons not appearing before the Trial Court despite service,the sum payable to them shall be appropriated to the State after a period of3 months from the date of service. 10.Any sums remaining undistributed after a period of 2 years of thisdate owing to the non appearance of the persons to whom notice has beenissued or to their unavailability despite efforts at service, shall standappropriated to the State.11.The petitioner is afforded a period of one month from the date ofreceipt of this order to effect compliance with the same. In the event ofnon compliance, the Revision shall be posted before this Court for passing https://hcservices.ecourts.gov.in/hcservices/ 4appropriate orders. The Criminal Revision Petition is ordered accordingly.Consequently, connected M.P.s are closed.Sd/-Assistant Registrar(CO)/TRUE COPY/Sub Assistant RegistrarTo1.The Sub Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.2.The Chief Judicial Magistrate, Virudhunagar District, Srivilliputhoor.3.The Principal Sessions Judge, Virudhunagar District, Srivilliputhoor.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.Copy to:The Section Officer,Criminal Section,Madurai Bench of Madras High Court,Madurai.(For posting CrlRC)+1cc to Mr.K.Jeganathan, Advocate SR.No.11171Crl.R.C.(MD)No.93 of 201102.03.2011nbj/avrPA/08.06.2011/4P/7C