Citation : 2025 Latest Caselaw 7538 Mad
Judgement Date : 6 October, 2025
CRL RC No. 1905 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CRL RC No. 1905 of 2025
Ge Tex Electronics Pvt Limited
Represented by its Director Authorized
Signatory, E.Gunasekaran
Petitioner(s)
Vs
The State Rep By Its,
The Inspector of Police,
CCD 1 Tambaram Police Station,
Tambaram Commissionerate
Sholinganallur - 600 119
Respondent(s)
PRAYER
To set aside the condition No.I imposed in the Judgment dated 22.05.2025 in
Crl.M.P.No.1348 of 2025 on the file of the Learned Judicial Magistrate No.II,
Chengalpet.
For Petitioner(s): Mr.S.Shivram
For Respondent(s): Dr.C.E.Pratap,
Govt. Advocate (Crl. Side)
1/6
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CRL RC No. 1905 of 2025
ORDER
Challenging the impugned conditions imposed in the judgment dated
22.05.2025in Crl.M.P.No. 1348 of 2025 on the file of Judicial Magistrate No.II,
Chengalpet, the petitioner preferred this Criminal Revision Case.
2. The learned counsel for petitioner would submit that he is the victim
under the hands of accused, who had looted nearly about Rs.3,90,00,000/-
through online bank fraud. According to the petitioner, the accused involved in
online bank fraud. On believing her words, the petitioner made financial
transaction nearly about Rs.3,90,00,000/- through cheque and thereafter, the
petitioner came to know about the scam made by the accused. Hence, they gave
a complaint, based on that, the F.I.R. was lodged and during the investigation,
the respondent police had seized the accused account, however, the accused
bank account was frozen along with money belongs to the petitioner. Hence,
they have filed a petition for return of cash to the tune of Rs.7,87,533.16/-. On
perusal of records, the trial court allowed the petition on the following
conditions:-
i) the petitioner shall execute a bond for Rs.8,00,000/- (Rupees eight
lakhs only) along with two sureties each for a like sum to the
satisfaction of the court;
ii) The petitioner is directed to return the amount of Rs.7,87,533.16/-
as and when directed by the court.
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Now, challenging the impugned conditions imposed by the trial court, the
petitioner had preferred this Criminal Revision Case.
3. Learned Government Advocate (Crl. Side) appearing for respondent
raised objections, but admits that all those amounts made in the name of accused
account was frozen by the respondent police during the investigation. However,
according to the petitioner, a sum of Rs.3,90,00,000/- was cheated by the
accused.
4. Considering both side submissions and on perusal of records, the fact
reveals that the respondent police had frozen the amounts made in the name of
accused account along with the money belongs to the petitioner during the
investigation. Therefore, the petitioner is entitled for the amount, but the
conditions (i) and (ii) imposed by the trial court as such is unwarranted, liable to
be set aside. Accordingly, this Criminal Revision Case is allowed and the
conditions (i) and (ii) imposed by the trial court in Crl.M.P.No. 1348 of 2025 is
set aside. However, the petitioner is entitled to receive the amount, since they
have already given the undertaking affidavit before the trial court. The other
conditions shall remain unaltered.
06-10-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/10/2025 07:14:38 pm )
Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rpp N.B. : Issue order copy on 07.10.2025
To
1. Judicial Magistrate No.II, Chengalpet.
2. The Inspector of Police, CCD 1, Tambaram Police Station, Tambaram Commissionerate, Sholinganallur – 600 119.
3. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/10/2025 07:14:38 pm )
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/10/2025 07:14:38 pm )
T.V.THAMILSELVI J.
rpp
CRL RC No. 1905 of
06-10-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/10/2025 07:14:38 pm )
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