ORDER

The revision petitioners are the accused 1 to 4 in CCB Crime No.258/2022 of Central Crime Branch, Chit & Kanthuvatti Wing, Team VII, Egmore, Chennai.

2. Arumugam, the 2nd respondent (defacto complainant)

lodged a complaint with the Inspector of Police Central Crime Branch, Chit & Kanthuvatti Wing, Team VII, Egmore, Chennai stating that the present petitioners are charging exorbitant rate of interest for the loan of Rs.1,70,00,000/- borrowed by him.

3. The case of the defacto complainant in nutshell is as follows:

(1)The defacto complainant is running a construction business in the name and style of M/s. Rajkham Housing and M/s.Rajkham Builders Private Limited and he is the Managing Director of the both the companies.

(2)Since the defacto complainant was in need of money, he borrowed a sum of Rs.1,70,00,000/- from the revision petitioners and also created a simple mortgage by deposit of title deed dated 20.01.2022 and the same was registered as document No.230/2022 dated 21.01.2022 on the file of the Sub Registrar Office, Kodambakkam.

(3)When the defacto complainant approached the revision petitioners/accused to redeem the mortgaged properties, they demanded a sum of Rs.40 lakhs towards interest and thus charged an exorbitant rate of interest.

(4)Based on these allegations, an FIR in Crime No.258/2022 was registered by the 1st respondent for the offences punishable under Sections 3 and 4 of the Exorbitant Interest Act, 2003 and 406 and 420 IPC against the present revision petitioners and the following documents were seized from them.

S. No.	Doc. No.	Date of Document	Nature of the document	Executed by	In favour of
1.	5788/1981	30.09.1981	Simple Mortgage deed	Noorjahan Bibi & another	The Nungambakkam Saswatha Dhana Rakshaka Nidhi Ltd.
2.	2035/1983	25.07.1983	Simple Mortgage deed	Noorjahan Bibi & another	The Nungambakkam Saswatha Dhana Rakshaka Nidhi Ltd.
3.	2728/1985	30.08.1985	First Simple Mortgage deed	Noorjahan Bibi & another	Parvathiraman
4.	243/1989	26.04.1989	Power of Attorney	Mrs. M.Noorjahan Bibi	Mr. Haja Mohideen
5.	2465/1995	04.05.1995 Receipt		Parvathiraman	M.Noorjahan Bibi
6.	2536/1995	08.05.1995	Simple Mortgage deed	Noorjahan Bibi & another	Ineian Members Benefit Fund Ltd.
7.	1493/2002	19.04.2002 Receipt		Ineian Members Benefit Fund Ltd.	Noorjahan Bibi & another
8.	1733/2002	09.05.2002	Sale deed	Noorjahan Bibi & another	Mrs. Nirubarani
9.	1734/2002	09.05.2002	Sale deed	Noorjahan Bibi & another	Mr.T.Muthu Vijayan
10.	CA No.1084 / 80-81	06.07.1981 Extract	from permanent Land Register	Tahsildar Egmore- - Nungambakkam Taluk	Noorjahan

11.	CA No. 242/02-03	20.02.2023 Extract	from Town survey Land Register	Tahsildar Egmore- - Nungambakkam Taluk	Nirubarani & T.Muthu Vijayan
12.	230/2022	21.01.2022 Agreement	relating to deposit of title deeds.	Muthu Vijayan & Niruba Rani	Vinay Asrani

The above documents were filed before the Metropolitan Magistrate, For Exclusive Trial of CCB cases (relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai-8 under form 95.

(5)Thereafter the 2nd respondent/defacto complainant filed a petition under Section 451 r/w 457 Cr.P.C in Crl.M.P. No.3557/2023 before the trial court seeking return of documents seized from the revision petitioners/accused by the police. The said petition was partly allowed by the learned Metropolitan Magistrate, Exclusive Trial of CCB cases (relating to Cheating Cases in Chennai) and CBCID Metro Cases, Egmore, Chennai 600 008, vide her orders dated 20.04.2023, by returning the documents 1 to11 on the following conditions:

"(1) The petitioner is hereby directed to the produce the certified copy of the said documents before this court.

(2) The petitioners shall produce the said documents before this Court as and when required."

As far as document No.12 is concerned, it was dismissed by the trial court on the ground that it is only a photostat copy .

4. Aggrie

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