Madras High Court
Muthoot Finance Ltd vs M.D.Special 188 on 2 March, 2022
Crl.R.C.(MD)No. 4 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.(MD)No. 4 of 2021
& Crl.M.P.(MD)No.30 of 2021
1. Muthoot Finance Ltd.,
Bodinayakkanur Branch – I,
Rep. by its,
Assistant Regional Manager,
Arunkumar A,
First Floor, Prasath Complex,
Kamajaj Bazaar, Bodinayakkanur,
Theni District – 625 513.
2. Muthoot Finance Ltd.,
Bodinayakkanur Branch – II,
Rep. by its Branch Manager, D.Devi,
First Floor, G.R. Complex,
B.H.Road, Bus Stand North Gate,
Bodinayakkanur,
Theni District – 625 513. ... Petitioners
Vs.
1. M.D.Special 188, Ramakrishnapuram,
Primay Agricultural Co-operative Society,
Represented by its Secretary (incharge),
R.Prabakaran.
2. State through the Inspector of Police,
Commercial Crime Investigation Wing,
Theni, Theni District. ... Respondents
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Crl.R.C.(MD)No. 4 of 2021
Prayer: This Criminal Revision Petition filed under Section 397 r/w 401
Cr.P.C. to set aside the orders passed in Cr.M.P.No.1155 of 2020 in Cr.No.3 of
2006, on the file of the Judicial Magistrate No. III, (CCIW), Madurai, dated
18.09.2020 by allowing the Criminal Revision Petition.
For Petitioners : Mr.K.R.Laxman
For Respondents : Mr.K.Sanjai Gandhi
Government Advocate (Crl.Side)
ORDER
This Criminal Revision Petition has been filed to set aside the
impugned order in Cr.M.P.No.1155 of 2020 in Cr.No.3 of 2006, passed by the
learned Judicial Magistrate No. III, (CCIW), Madurai, on 18.09.2020, thereby,
allowing the petition filed by the first respondent for return of jewels under
Section 451 Cr.P.C.
2.On the complaint lodged by the first respondent, the second
respondent registered a case in Crime No. 3 of 2006, for the offences punishable
under Sections 120(b), 408, 468, 477(A) r/w 34IPC, as against the four accused
persons, alleging that the accused persons have taken the jewels from the first
respondent's safety locker, during different set of period and pledged the same,
with the petitioners herein. In pursuant to the registration of the Crime, the
entire jewels were seized from the petitioners and after completion of
investigation, in all the crime numbers, the second respondent filed a final
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Crl.R.C.(MD)No. 4 of 2021
report and the same has been taken cognizance and the trial is pending before
the trial Court.
3.The petitioners are a Non-banking financial institution. While
entertaining jewels for pledging and lending jewel loans, the quality of jewel,
identity of the borrower and other factors are dealt by the petitioners. While
being so, the accused persons have pledged the jewels, after producing valid
identity to show their identity and address proof, such as Family Card, Voters ID
and availed loan, on pledging the jewels. While pending trial, the petitioners
filed a petition for return of jewels, under Section 451 Cr.P.C. and all the
petitions were dismissed by the learned Magistrate, on the ground that if at all,
the general public intended to redeem their jewels from the first
respondent/complainant, there is no possibility for return their jewels, if the
jewels given for interim custody to the petitioners.
4.Though notice served to the first respondent, no one represented
on behalf of the first respondent.
5.The learned Government Advocate (Crl.Side) submitted that all
the jewels were pledged by the general public, in favour of the first respondent
and availed loan, in turn, the accused persons had stolen the jewels from the
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Crl.R.C.(MD)No. 4 of 2021
safety locker of the first respondent and pledged with the petitioners. On
registration of FIR, entire jewels were recovered from the petitioners and
deposited in the case. After completion of investigation, filed final report and
the same has been taken cognizance and trial is pending before the trial Court.
Similarly placed matters were already ordered by this Court in Crl.O.P(MD)No.
1420 of 2016 on 21.04.2016 as follows:
“9. In the considered opinion of this Court, the existence of
corpus delicti may provide a surer foundation for the
prosecution case, but the absence of it, can in no way destroy
the prosecution assertion, if the prosecution is able to prove
the ingredients of Sections 406 and 420 IPC by adducing
proper evidence. From the perusal of the case diary, it is seen
that the Police have recorded the statement of the Branch
Manager of Muthoot Finance, Kovilpatti Branch, who is
going to speak about the pledge of jewels and other details
from the records and in the considered opinion of this Court, it
is not necessary for the Police to seize the jewels in the
present facts and circumstances of the case. However, the
Branch Manager, Muthoot Finance is directed to produce and
submit the jewels before the learned Judicial Magistrate
No.II, Kovilpatti at the time of giving evidence and the learned
Magistrate shall accept the jewels and pass appropriate
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Crl.R.C.(MD)No. 4 of 2021
orders either under Section 451 Cr.P.C. for interim custody or
retain the same and pass appropriate orders under Section
452 Cr.P.C. at the time of final judgment. Muthoot Finance
shall not bring the jewels to auction until the dispute is finally
decided in the prosecution in Crime No.460 of 2013. After the
Manager, Muthoot Finance is examined, Meera (the defacto
complainant) can be examined or may be recalled and
examined under Section 311 Cr.P.C. for identifying the jewels.
This is left to the sound discretion of the Trial Court”
6.In view of the above, the impugned order in Cr.M.P.No.1155 of
2020 in Cr.No.3 of 2006, passed by the learned Judicial Magistrate No. III,
(CCIW), Madurai, on 18.09.2020 is set aside and this Criminal Revision
Petition is allowed. Consequently, connected miscellaneous petition is closed.
7.The learned Judicial Magistrate, No. III, (CCIW), Madurai is
directed to return the jewels, in favour of the petitioners with the following
conditions:
● that the petitioners shall execute a bond for a sum of Rs.10,00,000/-
(Rupees Ten Lakhs only), each with two sureties, each for a like sum to
the satisfaction of the concerned Court;
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Crl.R.C.(MD)No. 4 of 2021
● that the seized items should be photographed at the cost of the petitioners
herein and a list is to be prepared and the same is to be signed by the
petitioners;
● that the petitioners shall not bring the jewels to auction, till the disposal
of trial;
● that the petitioners shall produce the jewels before the trial Court as and
when required;
● If any of the conditions are violated, this order automatically stands
cancelled.
02.03.2022
Index :Yes/No
Internet:Yes/No
PNM
Note: In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the responsibility
of the advocate/litigant concerned.
To
1.The Judicial Magistrate No. III, (CCIW),
Madurai.
2.The Inspector of Police,
Commercial Crime Investigation Wing,
Theni, Theni District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No. 4 of 2021
G.K.ILANTHIRAIYAN,J.
PNM
ORDER IN
Crl.R.C.(MD)No. 4 of 2021
02.03.2022
https://www.mhc.tn.gov.in/judis
