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2022 Supreme(Online)(MAD) 22216
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2022 CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.111 of 2021 and Crl.M.P(MD) No.9021 of 2021 Chithra ... Petitioner Vs.
State rep. by
1. The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District. (Crime No.26 of 2020)
2. The President Q681, Kottaaiayur Primary Agricultural Co-operative Bank Ltd., Virudhunagar District
3. The Manager M/s.Federal Bank Sathur Branch Virudhunar District ...Respondents (*R2 and R3 Impleaded as per order of this court dated 01.03.2021 in Crl.M.P(MD) No.1690/21)
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records in Crl.M.P.No.1910 of 2020 dated 26.08.2020 on the file of the Learned Judicial Magistrate Court No.1, Virudhunagar and set-aside the order dated 26.08.2020 and direct the respondent police to recover and handover the jewels before the Learned Judicial Magistrate Court No.1, Virudhunagar and return the same to the Petitioner.
For Petitioners : L.Prabhu For Respondent : M/s.M.Aasha No.1 Government Advocate For Respondent : No Appearance No.2 For Respondent : Mr.B.Rajesh Saravanan No.3
O R D E R
This Criminal Revision has been filed to call for the records in Crl.M.P.No.1910 of
2020 dated 26.08.2020 on the file of the Judicial Magistrate Court No.1, Virudhunagar and set-aside the order dated 26.08.2020 and direct the respondent police to recover and handover the jewels before the Judicial Magistrate Court No.1, Virudhunagar and return the same to the Petitioner.
2. The case of the petitioner is the petitioner owned 50 sovereigns of gold jewels and pledged the same with the second respondent herein and availed jewel loan subsequently. The first accused who being the jewel appraiser working under the second respondent herein inturn pledged the jewels with the third respondent herein fraudulently and mis-used the same to fetch amount illegally by colluding with A2 to A4. In pursuance to the crime alleged by the petitioner, the first respondent registered a case in Crime No. 26 of 2020 for the offences under Section 420 of IPC, however the first respondent failed to recover the jewels pledged by the petitioner with the second respondent.
3. Now the learned counsel for the petitioner submitted that the jewels which were pledged are available with the third respondent herein. On persual of the counter filed by the third respondent reveals that the first accused namely Nanthakumar so far had pledged 102.5 grams of gold jewels with their bank on 30.08.2018 and availed gold loan to the tune of Rs.2,19,000/- and still absconding and the due amount as on 05.08.2021 is Rs.3,10,301/-. The first respondent did not even seize any jewels pursuant to the said crime, therefore the trial Court rightly dismissed the petition for return of property. However if the petitioner wants to redeem the jewels which were pledged with the second respondent, he may be permitted to redeem the same on payment of accrued interest with the third respondent and on receipt of the same, the third respondent is directed to return the jewels to the petitioner.
4. With the above direction, the Criminal Revision stands disposed of.
Consequently connected miscellaneous petition is also closed.
20.04.2022 Index : Yes/No Internet : Yes/No aav To:
1.The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN.J, aav
20.04.2022
