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CDJ 2026 MHC 2481
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| Court : High Court of Judicature at Madras |
| Case No : Crl. M.P. Nos. 6079, 6082 & 6084 of 2026 & Crl. A. No. 407 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA |
| Parties : Prasanna & Others Versus The State represented by, The Inspector of Police, Economic Offences Wing, Chengalpattu |
| Appearing Advocates : For the Petitioners: R. Varun Vignesh, Advocate. For the Respondent: J.R. Archana, Government Advocate (Criminal Side). |
| Date of Judgment : 08-04-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita - Section 430(1) -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita
- TNPID Act
- Section 76(1) of the Chit Fund Act, 1982
- Section 406 of IPC
- Section 420 of IPC
- Section 120B of IPC
- Section 5 of TNPID Act
2. Catch Words:
- Suspension of sentence
- Bail
- Compounding of offences
- Settlement
- Criminal miscellaneous petition
3. Summary:
The petitioners filed criminal miscellaneous petitions under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita seeking suspension of their sentences and bail pending appeal. The trial court had convicted them under the Chit Fund Act, IPC, and the TNPID Act with multiple concurrent sentences. The petitioners settled the entire amount with all victims, who expressed willingness to withdraw complaints and compound the offences. The court, noting the full settlement and victims’ consent, ordered suspension of the imprisonment and granted bail on conditions of a bond and monthly court appearances. The memo of the victims was recorded as part of the proceedings.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Common Prayer: Criminal Miscellaneous Petitions are filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence imposed on the petitioners by the learned Special Judge, Special Court under TNPID Act, Chennai, in C.C.No.2 of 2020 dated 16.03.2026 (wrongly stated in the petition as 06.03.2026) on the file of the Special Court under TNPID Act, Chennai and enlarge the petitioners/appellants on bail pending disposal of the criminal appeal.)
Common Order
1. These Criminal Miscellaneous Petitions have been filed seeking suspension of sentence of imprisonment, passed by the learned Special Judge, Special Court under TNPID Act, Chennai, in C.C.No.2 of 2020, vide judgment dated 16.03.2026.
2. At the outset, it needs to be pointed out that the date of the impugned judgment passed by the trial Court has been wrongly stated in the prayer as “06.03.2026” instead of “16.03.2026”. Hence, this Court has corrected the date of the impugned judgment in the prayer portion and also in the preceding paragraph.
3. The conviction and sentence imposed against the petitioners/appellants, vide impugned judgment are as follows:-
Under Section
| Sentence
| 76(1) of the Chit Fund Act, 1982
| one year rigorous imprisonment and fine of Rs.2,000/-, in default, to undergo three months simple imprisonment.
| 406 of IPC
| three years rigorous imprisonment and fine of Rs.5,000/-, in default, to undergo three months simple imprisonment.
| 420 of IPC
| four years rigorous imprisonment and fine of Rs.5,000/-, in default, to undergo three months simple imprisonment.
| 5 of TNPID Act
| four years rigorous imprisonment and fine of Rs.1,00,000/-, for each count (349 counts), in default, to undergo two years simple imprisonment.
| The sentences were ordered to run concurrently.
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4. The submissions of the learned counsel appearing for the petitioners/appellants are as follows:-
4.1. The first accused in Crime No.2 of 2020 is the unregistered financial establishment, namely, M/s. Green World Foundation Trust Tamil Nadu. The petitioners/appellants, who are arrayed as A2 to A4, have managed the said company and were charged for the offences under Sections 76(1) of the Chit Fund Act, 1982, Sections 406 and 420 of IPC r/w Section 120B of IPC and Section 5 of the TNPID Act (349 counts).
4.2. Even during the pendency of the trial proceedings, the petitioners/appellants arrived at a compromise with the victims/depositors and agreed to settle a total sum of Rs.36,25,000/-. Consequently, pending trial, eight out of eighteen victims/depositors were settled and a sum of Rs.11,40,000/- was paid.
4.3. Eventually, the petitioners/appellants were found guilty and convicted and sentenced by the trial Court, as stated above. Subsequently, the petitioners/appellants paid the balance amount and settled the remaining victims/depositors. The victims have also filed a memo to that effect and no amount remains due.
4.4. Since the parties have amicably settled the issue and paid the entire amount, the victims are willing to withdraw the complaint. The petitioners/appellants have been in custody from 16.03.2026 and therefore, only after the petitioners/appellants come out on bail, they will be able to file a petition before this Court for compounding the offences. Hence, the sentence imposed on the petitioners/appellants may be suspended and they may be enlarged on bail.
5. Learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioners/appellants, who were managing the A1 company, M/s. Green World Foundation Trust Tamil Nadu, collected chit amounts and Deepavali fund amounts from eighteen depositors (349 funds) on false promise and cheated them to the tune of Rs.77,61,000/-. She further submitted that the petitioners/appellants, during the pendency of the trial, settled part of the depositors and after trial, settled the remaining depositors.
6. Ms.S.Veera Santhi, learned counsel appearing on behalf of the de facto complainant and other victims/depositors, has filed a memo before this Court today regarding the settlement made by the petitioners/appellants with all the victims/depositors. She further submitted that she is ready to file a petition for compounding before this Court.
7. The de facto complainant and all other victims/depositors appeared before this Court and were identified by their counsel as well as by Mr.K.Palani Karthikeyan, Inspector of Police, Ms.S.Sujatha, WSSI and Mr.E.Perumal, PC 587, of EOW, Chengalpattu.
8. On being enquired by this Court, the de facto complainant and all other victims/depositors stated that they have settled the issue with the petitioners/appellants and received the amounts and they have no objection to sentence imposed on the petitioners/appellants being suspended.
9. Heard both sides and perused the materials on record including the memo filed by the victims/depositors.
10. Considering the facts and circumstances of the case and also the submissions made by the learned counsel on either side and taking note of the fact that the parties have settled the issue and are taking steps to compound the offences, this Court is of the view that the sentence of imprisonment can be suspended and the petitioners can be granted bail on certain conditions. Accordingly, pending disposal of the appeal, the sentence is suspended and the petitioners/appellants are enlarged on bail, subject to the following conditions:-
“(i) The petitioners/appellants shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum, to the satisfaction of the Special Court under TNPID Act, Chennai;
(ii) The petitioners/appellants shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.”
11. Accordingly, these Criminal Miscellaneous Petitions stand ordered. The memo filed by the de facto complainant and other victims shall form part of the records.
12. Post the main appeal on 27.04.2026.
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