Madras High Court
Damodar Hariram vs / on 6 August, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
Crl.O.P..No.530 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.530 of 2023
& Crl.M.P.No.241 of 2023
1. Damodar Hariram.
2. Amit Damodar.
3. Vinay Asrani.
4. Ramesh L Asrani. ... Petitioners/Accused 1 – 4
/versus/
1. The Assistant Commissioner of Police,
Chit & Kandhuvatti FPP Team,
Central Crime Branch, Vepery,
Chennai – 600 007.
(Crime No.258 of 2022) ... Respondent/Complainant
2.Arumugam. ... Respondent/Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, to call for the records on the file of the 1 st respondent police in
Crime No.258 of 2022 and quash the same.
For Petitioner : Mr.Ganesh and Ganesh
For R1 : Mr.K.M.D.Muhilan,
Government Advocate (Crl.Side).
For R2 : Mr.R.Vivekananthan
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P..No.530 of 2023
ORDER
This petition is filed to quash the Crime No.258 of 2022 on the file of
the 1st respondent police on the ground that it is purely a civil dispute arising out
of a mortgage deed and money transaction which has been given a criminal colour
and therefore, same has to be quashed.
2. The Learned Counsel appearing for the petitioner also rely upon the
judgment of this Court in Sri Kalpatharu Financiers by its Partner
Mr.K.Selvaraj -vs- V.Natarajan reported in CDJ 2012 MHC 2307 would submit
that when money transaction is based on the promissory note and mortgage deed,
offence under Exorbitant Interest Act will not get attracted.
3. The Learned Counsel for the defacto complainant submits that an
exorbitant interest of 1 rupee 70 piece per hundred per month for loan of Rs.60
lakhs was availed on mortgage for which exorbitant interest of Rs.16,87,010/- was
paid towards interest, despite payment of interest, additional interest was
demanded exorbitantly. When the complainant questioned, he was threatened and
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abused and therefore, the police has registered the case under Section 406 and 420
of I.P.C and Section 3 & 4 of Tamil Nadu Prohibition of Charging Exorbitant
Interest Act. It is not the pure case of money transaction but extortion of
exorbitant interest for the loan advanced and consequential threat to life.
4. Considering the rival submission, the averment made in the
complaint and also pendency of the civil suit arising out of mortgage deed, this
Court is of the view that the police has to probe into the matter in accordance with
law and decide whether it is pure civil dispute or an attempt to grab the land under
the guise of mortgage deed.
5. Hence, this Criminal Original Petition is dismissed with direction
to the respondent police to complete the investigation within a period of 45 days,
from the date of receipt of copy of this order. Consequently, connected
Miscellaneous Petition is closed.
06.08.2024
Index : Yes/No.
Neutral Citation : Yes/No.
https://www.mhc.tn.gov.in/judis
bsm
To
1. The Assistant Commissioner of Police,
Chit & Kandhuvatti FPP Team,
Central Crime Branch, Vepery,
Chennai – 600 007.
2. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
Dr.G.JAYACHANDRAN,J.
bsm
06.08.2024
https://www.mhc.tn.gov.in/judis
