Madras High Court
Ador Welding Ltd vs The Deputy Superintendent Of ... on 5 January, 2023
Crl.A.No.2 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2023
CORAM:
THE HONOURABLE Mr.JUSTICE V.SIVAGNANAM
Criminal Appeal No.2 of 2023
Ador Welding Ltd,
Ador House, 6K Dubash Marg
Fort, Mumbai
Represented by its
Authorized Signatory
Dr.A.R.Sethuraman .. Appellant
/versus/
1.The Deputy Superintendent of Police,
Economic Offences Wing-II,
Police Training College,
2, Natesan Salai, Ashok Nagar,
Chennai-600 083.
2.Redesh Franchise World Pvt. Ltd,
No.108/6, 7th Floor, Capital Towers,
Kodambakkam High Road,
Nungambakkam, Chennai-34.
Represented by its Directors
3.Mr.Gowri Shankara,
Managing Director,
Redesh Franchise World Pvt.Ltd.
4.Sukumar Surender,
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Crl.A.No.2 of 2023
Director,
Redesh Franchise World Pvt.Ltd.
5.Mrs.Lakshmi
Director,
Redesh Franchise World Pvt.Ltd. .. Respondents
Criminal Appeal has been filed under Section 374 of Criminal
Procedure Code r/w.Section 11 of the Tamil Nadu Protection of Interest
of Depositors (In Financial Establishment) Act, 1997, praying to set
aside the order dated 17.06.2022 made in Crl.M.P.No.1447 of 2022 in
Crime No.30 of 2021 on the file of the Special Court under Tamil Nadu
Protection of Interest of Depositors (In Financial Establishment) Act,
1997, Chennai-104 in so far as the condition of Deposit of Security
Deposit amount of Rs.9,00,000/- in the Crime No.30 of 2021 of
E.O.W.II, Chennai is concerned.
For Appellant : Mr.K.V.Shridharan
For R1 : Mr.C.E.Pratap
Government Advocate(Crl.Side)
JUDGMENT
This Criminal Appeal is filed challenging the order dated
17.06.2022 passed in Crl.M.P.No.1447 of 2022 in Crime No.30 of 2021
on the file of the Special Court under Tamil Nadu Protection of Interest
of Depositors (In Financial Establishment) Act, 1997, Chennai-104.
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Crl.A.No.2 of 2023
2. The learned counsel for the petitioner contended that the
petitioner is not an accused in Crime No.30 of 2021 and he is the owner
of the premises, in which, the respondents 2 to 5 are the tenants, who
running a business in the name of M/s.Redesh Franchise World Private
Limited. The 1st respondent police has registered a case against the
respondents 2 to 5 in Crime No.30 of 2021 for having committed the
offences under Sections 420 and 409 I.P.C. In such circumstances, the
petitioner as a owner of the premises filed an application before the trial
Court for handing over the key, which was sealed by the 1st respondent
police. The trial Court allowed the application directing the respondent
police to return the key to the petitioner immediately on deposit of
Rs.9,00,000/- in Crime No.30 of 2021, since the money is involved in the
offence under TNPID Act.
3. The learned Government Advocate (Crl.Side) for the 1st
respondent submitted that the petitioner is not an accused and he is the
owner of the premises, in which, the respondents 2 to 5 running the
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Crl.A.No.2 of 2023
business, only the respondents 2 to 5 are the accused in Crime No.30 of
2021. Now, the case is at the stage of investigation.
4. I have considered the submissions made by the learned
counsel and perused the materials on record.
5. On perusal of the records, the fact reveals that the 1st
respondent police registered a case against the respondents 2 to 5 based
on a complaint given by the de facto complainant in Crime No.30 of
2021. The petitioner is a third party and the owner of the premises, in
which, the respondents 2 to 5 were running a business. The petitioner is
no way connected with the crime committed by the respondents 2 to 5.
Since the police seized the premises, the petitioner filed an application
to return the key. The Trial Court after accepting the submissions of the
petitioner, allowed the petition and directed the respondent police to
return the key on deposit of Rs.9,00,000/- by the petitioner, since the
money is involved in the crime under the Tamil Nadu Protection of
Interest of Depositors (In Financial Establishment) Act, 1997.
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Crl.A.No.2 of 2023
6. Considering the fact that the petitioner is not being an
accused and no way connected with the crime committed by the
accused/respondents 2 to 5 and he is the owner of the premises, the
condition imposed by the trial Court in Crl.M.P.No.1447 of 2022 dated
17.06.2022 to deposit a sum of Rs.9,00,000/- is unwarranted and
unsustainable. Accordingly, this Criminal Appeal is allowed and the
order passed by the trial Court in Crl.M.P.No.1447 of 2022 dated
17.06.2022 is set aside. The petitioner is entitled to get back the key from
the police and the respondent police is hereby directed to return the key
seized by them.
05.01.2023
Internet:yes/no
Speaking order/ Non speaking order
rpl
To
1.The Special Judge, Special Court under Tamil Nadu Protection of
Interest of Depositors (In Financial Establishment) Act, 1997, Chennai-
2.The Deputy Superintendent of Police,
Economic Offences Wing-II,
Police Training College,
2, Natesan Salai, Ashok Nagar, Chennai-600 083.
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Crl.A.No.2 of 2023
V.SIVAGNANAM,J.
rpl
3.The Public Prosecutor,
High Court of Madras,
Chennai.
Crl.A.No.2 of 2023
05.01.2023
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