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TMI Blog2018 (1) TMI 1710X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tamil Nadu Protection of Interest of Depositors (In Financial Establishments) Act, 1997 and Sections 4 and 5(a) of the Prize Chit and Money Circulation Schemes (Banning Act), 1978. It is the case of the prosecution that the accused were running Gayathri Chits (A-1) and Selvam Finance (A-2) and they had collected deposits from about 37 persons to the tune of Rs.1,06,91,632/- and had defaulted in making the payment. Hence, on the complaint of one of the depositors, First Information Report was registered in Crime No.2 of 2016 and after completing the investigation, the police have filed the final report as stated above. While so, the petitioner/A-9 filed Cr.M.P.No.2958 of 2017 in C.C.No.4 of 2017 under Section 239 of the Code of Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely discharged from the prosecution. That apart, disputed questions of fact as to whether the petitioner/A-9 was a sleeping partner or an active partner cannot be gone into at this stage. 4. The learned counsel for the petitioner/A-9 submitted that in the charge sheet, Gayathri Chits (A-1) and Selvam Finance (A-2) have been shown as being represented by all its partners, namely A-3 to A-10, which is in violation of Section 305 Cr.P.C., and, therefore, the prosecution should be quashed. 5. In the opinion of this Court, violation of the provisions of Section 305 Cr.P.C., cannot entail quashment of the charges as it is purely procedural in nature. Section 305 Cr.P.C., reads as follows: "305. Procedure when corporation or registered society ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contrary is proved, presume that such person has been so appointed. (6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court." 6. Section 11 of the Indian Penal Code defines the word "person" as follows: "The word "person" includes any Company or Association or body of persons, whether incorporated or not." 7. Thus, a person would include not only a Company or Association, but also, a body of individuals whether incorporated or not. 8. Section 2(y) of the Code of Criminal Procedure reads as follows: "words and expressions used herein and not defined but defined in the India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment cannot be awarded to a juristic preson and only fine can be imposed. Therefore, it is open to Gayathri Chits (A-1) and Selvam Finance (A-2) to appoint anyone including one of the accused, namely A-3 to A-10 to represent them in the prosecution. If no arrangement is made by Gayathri Chits (A-1) and Selvam Finance (A-2), then they will have to suffer the consequences and cannot plead prejudice at a later point of time. Hence, liberty is given to Gayathri Chits (A-1) and Selvam Finance (A-2) to appoint anyone to represent them before the Trial Court and that can be one of the accused or an outsider also, but, with due authorization under the seal of Gayathri Chits (A-1) and Selvam Finance (A-2). However, this cannot be a ground for discha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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