9911796707
TMI Blog2019 (9) TMI 1559X X X X Extracts X X X X X X X X Extracts X X X X ..... hall govern disposal of aforesaid criminal revisions as the issue involved in these petitions is identical. 02. The CRR Nos. 34/2018, 395/2018, 400/2018, 401/2018, 406/2018, 438/2018 and 447/2018 filed by the State of Chhattisgarh through District Magistrate, Durg are directed against the order dated 24.07.2017, 10.11.2017, 10.11.2017, 10.11.2017, 10.11.2017, 10.11.2017 & 10.11.2017 passed in Special Criminal Case No.02/2017, 01/2016, 07/2016, 05/2016, 08/2016, 04/2016 & 02/2017 by the Sessions Judge/Special Judge, Durg and Sessions Judge, Raipur, (constituted under The Chhattisgarh Protection of Depositors Interest Act, 2005) (for short 'the Act, 2005) respectively, whereby the learned Sessions Judge has discharged respondents from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ong interpretation of legal provisions of the Act, 2005, and therefore, the same is liable to be set aside. He also submits that though, as per Section 5 of the Act, 2005, the Collector concerned is competent authority to entertain the complaint made under this section but the State Government, by notification, may appoint any competent authority much below the rank of Collector as competent authority for a complaint related to the Act, 2005 between the company or regarding the works of the company. It is next submitted that under the Act, 2005, a Special Court has been constituted by the notification of the State Government to prosecute the offence related to the Act, 2005, and the Special Court can take cognizance of the offence without b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sitors and such financial establishment is not likely to return the deposits, the competent authority may, in order to protect the interests of the depositors of such financial establishment, pass an adinterim order attaching the money or other property alleged to have been procured either in the name of the financial establishment or in the name of any other person or establishment, or if it appears that such money or other property is not available for attachment or not sufficient for repayment of the deposits, such other property of the said financial establishment or the promoter, partner, director, manager or member of the said financial establishment, as the competent authority may think fit and publish the order in local newspaper of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the applicants and the competent authority, may make such order as deem fit. (6) For hearing of application/objection provision of the Code of Civil Procedure, 1908, shall be applicable. (7) If no cause is shown and no objections are made on or before the specified date, the special court shall forthwith pass an order making the ad-interim order of attachment absolute. (8) The special court may at the time of passing the final order pass an order of attachment absolute or in part. In making such order the special court shall not release such part of property so attached as is necessary for repayment to depositors. (9) The special court, may on application by the competent authority, pass such order or issue such direction as may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de of Criminal Procedure, 1973 (No.2 of 1974) shall be applicable and special court may take cognizance of the offence without being committed the case to it. It is clear from Section 13 of the Act, 2005 that for criminal proceeding, proceeding of warrant trial shall be applicable. 10. Hon'ble the Supreme Court, in the matter of Nathi Devi V. Radha Devi Gupta [AIR 2005 SC 648], has dealt with the interpretation of Statues, para 13 thereof, reads thus:- "13. The interpretative function of the Court is to discover the true legislative intent. It is trite that in interpreting a statue the Court must, if the words are clear, plain, unambiguous and reasonably susceptible to only one meaning, give to the words that meaning, irrespective of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o beyond that language or words to try and establish what the legislative might have meant by using that word. Section 13 of the Act, 2005 empowers the special court to take cognizance of the offence without being committed the case to it. The learned trial Court, only on the basis that the charge sheet has not been filed by the competent authority, straightway discharged the respondents from Section 10 of the Act, 2005 wrongly interpreting the Statute, which cannot have affirmation by this Court and is liable to be set aside. 12. In the result, the aforesaid revision petitions are allowed. The orders impugned are hereby set aside. The trial Court, after hearing both the parties, frame charges under the Act, 2005 and proceed in accordance ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
