Muthoof Finance Limited v. Stateby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.22670 of 2021 Muthoot Finance Limited No.135/45, Medavakkam Main Road, Opp. Kumaran Theater, Chennai-600 091 Rep.by its Regional Administration Manager Mr.Mohanan ..Petitioner

Versus

State By:

Inspector of Police, EOW - II, Guindy, Chennai- 600 032.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent police not to harass the petitioner under the guise of enquiry. For Petitioner : Ms.Revathi G. Mohan For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner under the guise of enquiry.

2. The case of the petitioner is that he is the Regional Administration Manager of the Petitioner Company and on 08.10.2021, the petitioner received communication from the Respondent police, to seeking particulars pertaining to loan account No.0593/TCB/000020 of Ms.Shanmuga Priya W/o. Vijayakumar and in response to the said communication, the petitioner undertook to intimate any transactions pertaining to the said loan account. It is further stated that the petitioner apprehends that the said undertaking letter may be projected as acceptance of liability and the jewels which are with the petitioner may be seized by the respondent police. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor submitted that a case in Crime No.29 of 2021 was registered for the offences punishable under Sections 406, 120 B and 73 of the Chit Funds Act, 1982 against Nishant Chit Funds run by one Shanmuga Priya and her husband , who said to have misappropriated the chit money paid by Ms.Revathi Sekar and others to the tune of Rs.1,33,67,812/- . He further submitted that the complaints are being received from various persons and investigation has commenced. It is his further contention that in the interest of depositors, the petitioner may be directed to intimate the transactions pertaining to loan account of Shanmugapriya and her husband Vijayakumar and the undertaking letter said to have been given by the petitioner has not been received by the respondent police.

4.In view of the submission made by the learned counsel appearing on either sides, as the investigation is in initial stage the petitioner shall give particulars regarding the particulars of the loan account of Ms.Shanmugapriya and her husband Vijayakumar as sought for the petitioner, as the petitioner said to have given undertaking to furnish the same and the respondent shall conduct the investigation and find out the role played by Shanmugapriya and Vijayakumar, in the manner known to law.

With the above directions, this Criminal Original Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar arr To

1. The Inspector of Police, EOW - II, Guindy, Chennai- 600 032.

2. The Public Prosecutor, High Court, Madras.

+1cc to Ms.Revathi G. Mohan, Advocate, S.R.No.64001 Crl.O.P.No.22670 of 2021 JPL[co] NSK 27/12/2021 https://hcservices.ecourts.gov.in/hcservices/