1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2011 CORAM: THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.(MD)No.93 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Chinnadurai ... Petitioner/Appellant Vs. The State rep.by The Sub Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District. In Crime No.5 of 1993 ... Respondent/Complainant PRAYER: This Criminal Revision Petition is filed under Sections 397 r/w. 401 of Cr.P.C., as against the judgment and conviction passed by learned Chief Judicial Magistrate, Virudhunagar District at Srivilliputhoor in C.C.No.78 of 2000 dated 18.07.2006, to undergo R.I.for three years and also to pay fine amount Rs.500/-failing which further period of R.I. for three months for the offence punishable u/s. 420 IPC and to undergo R.I for three years for 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 Principal Sessions Judge, Virudhunagar District at Srivilliputhoor in C.A.No.140 of 2006 dated 23.12.2010 for offence under Section 420 of I.P.C. to undergo 2 years R.I. and fine of Rs.500/- while exonerated the charges for the offence under Sections 3 and 4 of Prize Chits and Money Circulation (Banning) Act. For Petitioner : Mr.K.Jeganathan For Respondents : Mr.R.M.Anbunithi, Government Advocate(Crl.Side) ORDER The Revision petitioner is the first accused in C.C. No.78 of 2000 on the file of Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur. 2.The petitioner was the proprietor of a concern by name Swasthik Company at Arupukottai. The second accused was the Manager of the said concern. Between August 1992 to January 1993, the accused persons had fraudulently acted so as to cheat the public by entering into criminal conspiracy. The accused persons promised that if a person paid one third of the value of the goods or articles, particular article or goods would be delivered within 10 days. Accordingly, the collected huge amounts. They did not supply goods or articles as promised by them. A case was registered based on the complaint of PW-1. Upon completion of investigation, the accused persons were charges under section 420 IPC and Sections 3 and 4 of the Tamil Nadu Prize, Chits and Money Circulation (Banning) Act. 3.The Revision Petitioner and one other stood trial for offences u/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 Judicial Magistrate, Virudhunagar District at Srivilliputhur. The co-accused died https://hcservices.ecourts.gov.in/hcservices/ 2 pending trial and this petitioner/ 1st accused was convicted and sentenced to undergo R.I for three years and also to pay fine amount of Rs.500/- failing which further period of R.I. for three months for the offence punishable u/s. 420 IPC and convicted and sentenced to undergo R.I for three years for the 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 at Srivilliputtur. The Appellate Court set aside the conviction u/s. 3 and 4 of Prize, Chits and Money Circulation (Banning) Act, but upheld the conviction in respect of offence u/s.420 IPC. However, it reduced the sentence for offence u/s.420 IPC to undergo R.I for two years, while confirming the fine payable under judgment dated 18.07.2006. There against, the petitioner has moved the present revision. 4.Heard the arguments advanced by both parties. 5.The finding of the lower Appellate Court is well justified. Of the 21 persons who had suffered loss at the hands of the petitioner, Pws-1 to 11 were examined. Pws 3, 5 & 6 have turned hostile. However, the other witnesses clearly have spoken of the loss suffered by them at the hands of the accused persons. The prosecution case has been substantiated by series of bills and receipts issued by the accused. 6.However, learned counsel for the petitioner submits that even if the petitioner being found delinquent, he is a person who has mended his ways and has not been involved in any offences prior to or after the transactions presently found offended, that the offence is of the year 1993 and that the petitioner had undergone imprisonment from 17.02.2002 to 31.05.2002. Consequent to the conviction by the trial court, learned counsel would inform that the petitioner is willing to pay compensation to the victims of his crime, that it would be improper now to require the petitioner to undergo further imprisonment and would seek that he be given the benefit of Probation of Offenders Act. 7.Learned Government Advocate (Crl. Side) confirms that the petitioner had not involved in any previous or subsequent offences. 8.This Court finds substance in the plea raised on behalf of the petitioner. In circumstances where the petitioner has not indulged in any further wrong doings and given the passage of time it would but be appropriate presently to avoid his further incarceration on condition that suitable compensation be paid to the victims, this Court had expressed the view that the compensation payable to the victims should be five times of the 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 sum of Rs. 10,000/- with two sureties each for a like sum undertaking to appear and receive sentence as and when called upon within a period of one year of his executing the bond before the lower court and that in the meanwhile he would keep peace and good behaviour. (b)The petitioner shall file an affidavit informing the permanent place of residence. (c)The petitioner shall cause deposit of a sum of Rs.70,780/- to the credit of 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 called as witnesses in the case and the 10 others who have been shown as witnesses in the charge sheet filed. By way of compensation, the following sum shall be paid to them. Sl.No. Name Amount Rs. Total Rs. 1 Rathinavel 385 x 5 1925 2 Jayaprakash 605 x 5 3025 3 Panchavarnam 930 x 5 4650 4 Muniammal 88 x 5 440 5 Panneerselvam 1309 x 5 6545 6 Uma 374 x 5 1870 7 Velusamy 495 x 5 2475 8 Ravichandran 385 x 5 1925 9 Subba Reddiar 2200 x 5 11000 10 Balasubramanian 775 x 5 3875 11 Sivagnanam 44 x 5 220 12 Rajani 93.5 x 5 465 13 Malaisamy 275 x 5 1375 14 Nagu Thevar 605 x 5 3025 15 Arumuga Thevar 605 x 5 3025 16 Selvarajan 1595 x 5 7975 17 Panchavarnam 605 x 5 3025 18 Krishnaveni 137.5 x 5 685 19 Mery Glara 1221 x 5 6105 20 Thamayanthi 440 x 5 2200 21 Chinnathai 990 x 5 4905 9.The Lower Court shall cause appropriate notice to the concerned persons calling upon them to appear and receive compensation. In the event of 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 of 3 months from the date of service. 10.Any sums remaining undistributed after a period of 2 years of this date owing to the non appearance of the persons to whom notice has been issued or to their unavailability despite efforts at service, shall stand appropriated to the State. 11.The petitioner is afforded a period of one month from the date of receipt of this order to effect compliance with the same. In the event of non compliance, the Revision shall be posted before this Court for passing https://hcservices.ecourts.gov.in/hcservices/ 4 appropriate orders. The Criminal Revision Petition is ordered accordingly Consequently, connected M.P.s are closed. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.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.11171 Crl.R.C.(MD)No.93 of 2011 02.03.2011 nbj/avr PA/08.06.2011/4P/7C https://hcservices.ecourts.gov.in/hcservices/