A.Varuvel Vs. the Competent Authority.

A.Varuvel vs The Competent Authority.

Type Court Judgment Court Chennai Decided Mar 28, 2012

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https://sooperkanoon.com/case/925863

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Citation: sooperkanoon.com/925863
Court: Chennai High Court
Judge: P.R.Shivakumar, J.
Decided On: Mar 28, 2012
Case Number: CRL.R.C(MD)No.739 of 2011 and M.P(MD)No.1 of 2011
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

[P.R.SHIVAKUMAR, J.] TAMIL NADU PROTECTION OF INTERESTS OF DEPOSITORS (TNPID) ACT - Section 5, 6(4), 13 -- Criminal Revision case filed under Sections 397 r/w Section 401 Cr.P.C., praying this Court to set aside the order made in Memo filed by the Special Public Prosecutor, dated 07.02.2011, in C.C.No.23 of 2010, on...

Key legal issue: Criminal
Acts & sections: TAMIL NADU PROTECTION OF INTERESTS OF DEPOSITORS (TNPID) ACT - Section 5, 6(4), 13; Code of Criminal Procedure (CrPC), - Section 397, 401

Parties & Advocates

Appellant / Petitioner

A.Varuvel

Advocate Ms.M.Ramadhas, Adv.

Respondent

The Competent Authority.

Legal References

Acts: TAMIL NADU PROTECTION OF INTERESTS OF DEPOSITORS (TNPID) ACT - Section 5, 6(4), 13; Code of Criminal Procedure (CrPC), - Section 397, 401

Excerpt

[p.r.shivakumar, j.] tamil nadu protection of interests of depositors (tnpid) act - section 5, 6(4), 13 -- criminal revision case filed under sections 397 r/w section 401 cr.p.c., praying this court to set aside the order made in memo filed by the special public prosecutor, dated 07.02.2011, in c.c.no.23 of 2010, on the file of the special judge, special court under tnpid act, madurai so far as the petitioner is concerned. while so, the special public prosecutor filed a memo before the tnpid court that the execution proceedings should be transferred to the said court. section 6 of the 'act' empowers the special court to try an offence under section 5 of the 'act'......judge, kanyakumari at nagercoil to its own file. such order came to be passed in exercise of the power conferred on the special judge, special court under tnpid act, madurai while trying a criminal case for an offence under section 5 of the 'act'.4. section 6 of the 'act' empowers the special court to try an offence under section 5 of the 'act'. sub=section (4) of section 6 of the 'act' empowers the special court to try any other offence other than the offence specifically mentioned under section 5 of the 'act' with which the accused may, under the code of criminal procedure be charged. section 13 of the 'act' is to the effect that while trying an offence, the special judge shall be deemed to be a magistrate and the procedure prescribed in the code of criminal procedure for warrant cases shall be applied. the said provision cannot be interpreted to mean that the special judge, while dealing with a criminal case on the criminal side, can exercise the power of transfer of a civil case from another court to its own file.5. provisions are found in the 'act' for the attachment of the properties of the defaulting financial establishment or in the hands of any other person and also from the mala-fide transferees. but such an attachment has to be made by the government and for the confirmation of the attachment, the special court has to be approached. the competent authority appointed under the 'act' shall move the special court on the civil side for the realisation of the assets of the financial establishment and distribution of the same among the depositors. that does not mean that the special judge, while acting under the provisions of the 'act' as a criminal court for trying an offence under section 5 of the 'act' can also usurp the jurisdiction of other civil courts, that too, a court of equal rank by transferring the case to its own file. viewed from any angle, the impugned order passed by the learned special judge, special court under the tnpid act, madurai,.....

Full Judgment

Prayer

Criminal Revision case filed under Sections 397 r/w Section 401 Cr.P.C., praying this Court to set aside the order made in Memo filed by the Special Public Prosecutor, dated 07.02.2011, in C.C.No.23 of 2010, on the file of the Special Judge, Special Court under TNPID Act, Madurai so far as the petitioner is concerned.

ORDER

1. Notice before admission was served on respondents. The respondent No.1 alone is represented by the learned Government Advocate(Crl.side). Though notice was served on the second and third respondents, they have not entered appearance either in person or through counsel. Hence, this Court deems it fit to pass an order after hearing the submissions made on behalf of the revision petitioner and by Mrs.S.Prabha, learned Government Advocate(Crl.Side) appearing on behalf of the first respondent/State and after perusing the available records.

2. The revision petitioner herein filed a suit in O.S.No.43 of 2005, on the file of the learned District Judge, Kanyakumari at Nagercoil, for recovery of a sum of Rs.7,73,000/- against respondents 2 and 3 herein and a decree was obtained. Thereafter, their properties were attached and in the execution proceedings, they were brought to sale on three occasions. As there were no bidders, fourth auction was directed to be conducted and on the petition filed by the petitioner herein as the decree-holder, he was permitted to bid at the auction.

3. Meanwhile, a case came to be registered on the file of the TNPID Court as C.C.No.23 of 2010 against the respondents 2 and 3 herein. While so, the Special Public Prosecutor filed a memo before the TNPID Court that the execution proceedings should be transferred to the said Court. Acting on the memo, the learned Special Judge, Special Court under TNPID Act(hereinafter called as the 'Act'), Madurai passed the impugned order, dated 07.02.2011 transferring E.P 19 of 2007, pending on the file of the District Judge, Kanyakumari at Nagercoil to its own file. Such order came to be passed in exercise of the power conferred on the Special Judge, Special Court under TNPID Act, Madurai while trying a criminal case for an offence under Section 5 of the 'Act'.

4. Section 6 of the 'Act' empowers the Special Court to try an offence under Section 5 of the 'Act'. Sub=section (4) of Section 6 of the 'Act' empowers the Special Court to try any other offence other than the offence specifically mentioned under Section 5 of the 'Act' with which the accused may, under the Code of Criminal Procedure be charged. Section 13 of the 'Act' is to the effect that while trying an offence, the Special Judge shall be deemed to be a Magistrate and the procedure prescribed in the Code of Criminal Procedure for warrant cases shall be applied. The said provision cannot be interpreted to mean that the Special Judge, while dealing with a Criminal case on the criminal side, can exercise the power of transfer of a civil case from another Court to its own file.

5. Provisions are found in the 'Act' for the attachment of the properties of the defaulting financial establishment or in the hands of any other person and also from the mala-fide transferees. But such an attachment has to be made by the Government and for the confirmation of the attachment, the Special Court has to be approached. The competent authority appointed under the 'Act' shall move the Special Court on the civil side for the realisation of the assets of the financial establishment and distribution of the same among the depositors. That does not mean that the Special Judge, while acting under the provisions of the 'Act' as a Criminal Court for trying an offence under Section 5 of the 'Act' can also usurp the jurisdiction of other civil Courts, that too, a court of equal rank by transferring the case to its own file. Viewed from any angle, the impugned order passed by the learned Special Judge, Special Court under the TNPID Act, Madurai, is legally unsustainable and the same deserves to be set aside.

6.Accordingly, the Criminal Revision Case is allowed and the order made in the Memo filed by the Special Public Prosecutor, dated 07.02.2011, in C.C.No.23 of 2010, on the file of the Special Judge, Special Court under TNPID Act, Madurai is set aside. The Special Court under the TNPID Act, Madurai shall transmit the records in O.S.No.43 of 2005 and E.P.No.19 of 2007 to the file of the learned District Judge, Kanyakumari at Nagercoil. Consequently, connected Miscellaneous Petition is closed.

Same Court & Year Chennai · 2012 Same Parties A.Varuvel vs The Competent Authority. Same Subject Criminal Same Judge P.R.Shivakumar, J. Acts & Sections TAMIL NADU PROTECTION OF INTERESTS OF DEPOSITORS (TNPID) ACT ...

Criminal