IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.12.2025 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.869 of 2024 and Crl.M.P.Nos.544 & 545 of 2024

1. P.Sushila Kanwar

2. Sunil Jain @ sonil Kumar

3. Sudir Jain @ Sudhir Kumar ... Petitioners Vs.

K.Devendran ... Respondent Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the records in C.C.No.779 of 2023 pending on the file of the XVIII Metropolitan Magistrate Court, Saidapet and quash the same.

For petitioners : Mr.V.S.Senthilkumar For respondent : Mr.R.C.Paul Kanagaraj - - - - -

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.779 of 2023 pending on the file of the XVIII Metropolitan Magistrate Court, Saidapet, Chennai (for brevity “the Trial Court”).

2. The case of the respondent/complainant is as follows:

i) The complainant pledged his gold jewels weighing 66 gms., fixed with diamond and ruby stones and silver pooja items weighing 2 kgs. and 602 gms., worth Rs.6,00,000/-. On 14.09.2016, 16.11.2016, 16.04.2017 and 20.04.2017 respectively, he pledged them for a value of Rs.1,14,700/- with the 1^st accused /pawn broker and the 2^nd and 3^rd accused are the persons doing the business along with the 1^st accused.

ii) The gold jewels as well as silver pooja items were prestigious and sentimental ornaments of his family and due to his financial emergency to pay fees for his children, he pledged the same. The complainant, who knew the 3^rd accused, asked him to help in pledging the said jewels to any pawn broker known to him. The 3^rd accused informed him that he along with the 1^st and 2^nd accused are carrying on the said business and he himself will advance the loan on the pledged items. Hence, the complainant pledged his gold jewels and silver articles with the petitioners/accused 1 to 3.

iii) The complainant paid monthly interest till 20.07.2019 at the demand of the 2^nd and 3^rd accused. During the year 2019, the complainant approached the accused 1 to 3 to redeem his jewels and silver articles after arranging funds to pay the dues i.e., balance principal amount as well as interest, if any. The accused 1 to 3, citing one reason or other, evaded returning the jewels. The complainant repeatedly demanded for redemption of his jewels and silver articles and informed the accused 1 to 3 that if they fail to return the jewels and silver articles, he will be forced to take legal action. Thereafter, the 2^nd and 3^rd accused informed him that they have sold the golds jewels and silver articles.

iv) When the complainant questioned as to how they can sell the same, the accused informed him that they will somehow try to return the same. The complainant visited the shop of the accused a number of occasions, but all his attempts to redeem the jewels went in vain.

v) Hence, the complainant lodged a complaint before the Inspector of Police, Crime, E3 Teynampet Police Station and the police issued CSR No.183/2020 on 14.06.2020, but no action was taken. Hence, he gave a complaint to the Deputy Commissioner of Police, T.Nagar on

03.08.2020, where he was advised to file a criminal private complaint.

vi) Therefore, a complaint was sent to the Commissioner of Police on 12.10.2020 and the same was received on 13.10.2020, but no action was taken. Subsequently, a complaint was given before the Court and the Court, under Section 156(3) Cr.P.C. in Crl.M.P.No.4860 of 2020, directed the Inspector of Police (Crime), E3 Teynampet Police Station, to register an FIR and file a final report. Even then, no action was taken by the police. vii) The accused 1 to 3 had indulged in cheating by not returning the items entrusted to them and have committed the offences under sections 406 and 420 IPC. Hence, the complainant filed the complaint against the petitioners for the offences under Sections 406 and 420 IPC which was taken cognizance by the Trial Court in C.C. No.779 of 2023.

3. Mr.A.Kripakaran, learned counsel for the petitioners would submit