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TMI Blog2019 (9) TMI 1559X X X X Extracts X X X X X X X X Extracts X X X X ..... mpetent authority, and for this purpose, Section 13 of the Act, 2005, provides that procedure prescribed for the warrant trial in the Code 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. The learned trial Court, in its detailed order, has wrongly interpreted Section 7 of the Act, 2005, which was only for attachment of properties and not for criminal trial - 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remanded the case for trial in other section of Indian Penal Code. 03. Brief facts of the case are that respective respondents were engaged in different business of doubling the amount or paying higher interest on the deposit made by complainants. Some respondents have paid interest for considerable period and thereafter stopped paying and some of them escaped from the spot without paying the interest and the principal amount and thereby committed cheating. After registration of offence, police investigated the matter and charge sheet was filed against respondents under Section 420/34 IPC and Section 10 of the Act, 2005. When the matter was fixed for framing of charges, the respondents objected that under the Act 2005, the complaint has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Court below discharged the respondents straightway from the Section 10 of the Act, 2005, which is improper. 05. The learned counsel for respective respondents supporting the impugned order submit that under Section 7 of the Act, 2005, the charge sheet has to be filed only by the competent authority not below the rank of District Magistrate. It has been further submitted that in this case the charge sheet has not been filed by the competent authority, therefore, the learned Court below has not committed any error in passing the orders impugned and, therefore, revision petitions are liable to be dismissed. 06. I have heard learned counsel for the parties and perused the material available on record. 07. The learned trial Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) The competent authority shall apply within fifteen days from the date of the order to the special court for making the ad-interim order or attachment absolute. (3) The competent authority may also make an application to any special court or designated court or any other judicial forum established or constituted or entrusted with the powers by any other State Government for adjudicating any issue or subject pertaining to any money or assets of a financial establishment under any similar enactment in respect of money or property or assets belonging to or ostensibly belonging to a financial establishment or any person notified under the Act situated within the territorial jurisdiction of that special court or designated court or any ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction as may necessary for sale of property attached and for distribution among the depositors of the money realised from such sale. (10)Where an application is made by any person duly authorised or specified by any other State Government under similar enactment empowering him to exercise control over any money or property or assets attached by that State Government, the special court shall exercise all its powers, as if such an application were made under the Act and pass appropriate order or direction on such application, so as to give effect to the provisions of such enactment. 08. Further, Section 13 of the Act, 2005 provides power and procedure of Special Court, which reads thus:- Procedure and powers of Special Court r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the words that meaning, irrespective of the consequences. Those words must be expounded in their natural and ordinary sense. When a language is plain and unambiguous and admits of only one meaning no question of construction of statue arises, for the Act speaks for itself. Courts are not concerned with the policy involved or that the results are injurious or otherwise, which may follow from giving effect to the language used. If the words used are capable of one construction only then it would not be open to the Courts to adopt any other hypothetical construction on the ground that such construction is more consistent with the alleged object and policy of the Act. In considering whether there is ambiguity, the Court must look at the statut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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