Silver Wood v. Kameo

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN CRL MP No.1315 of 2026 in M/s.Silver Wood (Interior Decorators) Represented by its Proprietor Mr.G.Vasudevan, No.23, (Old No.01 A/15) Agathiyar Nagar, Villivakkam, (Opp. PSMHS School) Chennai - 600 049.

Petitioner(s) Vs M/s.Kameo Proprietrix, Mrs.Kashmira Chitale, Rep. By Power Agent Mr.Tilak Chitale, No.16, (Old No.14) Subba Rao Avenue, 1st Street, College Road, Chennai - 600 006 Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 397 and 401 of Cr.P.C to transfer the fine amount of Rs.60,000/- to the petitioner's personal bank account bearing Account No.601010132, Indian Bank, Villivakkam Branch.

For Petitioner(s):

Mr.M.Abdul Razack

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ORDER

The instant petition has been filed seeking modification of the earlier order passed by this Court in Crl.R.C.No.7 of 2023 in which this Court has acquitted the petitioner and directed refund of the fine amount to the petitioner, which is a propriety concern.

2. Heard the learned counsel for the petitioner.

3. Pursuant to the earlier order passed by this Court, the petitioner has approached the learned Magistrate, for refund of fine amount. The learned Magistrate also directed refund of the fine amount. However, it is the case of the petitioner that, the refund could not be processed, because the account of the proprietory concern has been closed and hence, the refund may be directed to be made to the personal account of the proprietor. It is seen that when the learned Magistrate had directed refund of the fine amount, there was no representation for the complainant. Hence, the notice to the complainant / respondent is dispensed with.

4. It appears that, the fine amount was paid from the account of the proprietory concern. The said account had been closed. Since the proprietory concern is not an independent entity, the learned Magistrate is directed to refund the fine amount to the account of the proprietor, G.Vasudevan.

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5. With the above observations, this criminal miscellaneous petition stands allowed.

30.01.2026 rap

4/4 SUNDER MOHAN, J.

rap CRL MP No.1315 of 2026 in 30.01.2026