HIGH COURT OF MADRAS
Hon`ble Mr Justice P. N. PRAKASH
V.SOORYA RAO (DIED) – Appellant
Versus
THE ORIENTAL BENEFIT AND – Respondent
J U D G M E N T
This Criminal Appeal has been filed to set aside the order dated
23.09.2014 made in Crl.M.P.No.1494 of 2014 on the file of the Special Court under TNPID Act, Chennai.
2.For the sake of convenience, the parties will be referred to by their name.
3.The Oriental Benefit and Deposit Society Limited (“the Oriental” for brevity), with its registered office at No.108, Audiappan Naicken Street, Chennai – 600 079, was a Non-Banking Finance Company. It was accepting deposits from the public and was also giving loans. One Soorya Rao obtained a loan of Rs.2,95,000/- on 11.08.1999 from the Oriental, vide Loan Account No.115/32, after mortgaging his property, vide mortgage deed dated
30.07.1999, bearing document No.807 of 1999, on the file of the Sub- Registrar's Office, Sowcarpet. The original title deeds of his property at No.36, Thotha Muthiappan Street, Chennai – 600 001, were deposited with the Oriental. Soorya Rao was making payments from time to time to the Oriental. While that being so, the Oriental failed to repay monies to their depositors and therefore, on the complaint lodged by one C.Janarthanan, the Economic Offences Wing-II (“EOW-II” for brevity), Chennai, registered a
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