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Madras High CourtCRL RC/38/2026disposed of

M/S.Sparkel Gold Retail Ventures Limited, v. Inspector Of Police

2026-02-23Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-02-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN M/s.Sparkel Gold Retail Ventures Limited, Represented by its Authorised Representative, Mr.Sashi Kumar, Having office at No. 16/150-M, Montana Estate, Paingottupuram, Peringalam, Kozhikode, Kerala- 673 571.

..Petitioner(s) Vs

1. Inspector of Police Coimbatore District Cyber Crime Police Station, Coimbatore, Cr.No. 28/2025.

2. Kotak Mahindra Bank 4,34, Vivekkhand Gomtinagar, Lucknow- 226 002.

3. HDFC Bank Calicut Branch, Vaikom Mohammed Basheer Road, Mananchira, Calicut 673 001.

4. IDFC First Bank Upper Ground Floor, C10, Sector 15, Vasundhara, Ghaziabad 201012.

5. Raguraman S/o.Lakshmi Narayanan, Branch Manager, CSB Bank, Mettupalayam Branch, Upper Ground Floor, No. 241/2, 241 B/1, Annur Road, Bungalow Medu, Mettupalayam, Coimbatore- 641 301.

..Respondent(s) Criminal Revision Petition filed under Section 438 of BNSS, praying to call for the records and set aside the order of the learned Judicial Magistrate Court No.IV, Coimbatore, dated 13.11.2025 in Crl.M,P.No.10975 of 2025 in Crime No.28 of 2025 and consequently direct the lower court to return the sum of Rs.27,28,124/- to the petitioner's bank account bearing A/c.No.50200053220832, maintained with the 3rd respondent Bank and pass such any or other order as this Honble Court. For Petitioner(s):

M/s.S.Fowziya For Respondent(s):

Mr.R.Vinoth Raja, Government Advocate (Crl.Side) for R1 Mr.V.T.Narendiran for R5 Mr.C.Mohan A.RETY JOSEPHINE MARY FOR M/S KING AND PARTRIDGE FOR R3

ORDER

The revision challenges the dismissal of the petitioner's application seeking return of cash of Rs.27,28,184/-, which was seized from the petitioner's account.

2. By the impugned order, the learned Magistrate had directed return of the amount to the 5th respondent herein. This Court, while admitting the revision, had granted an order of interim stay. Therefore, the account remains frozen. The amount is lying to the credit of Crime No.28 of 2025. The petitioner was not heard when the impugned order was passed. However, the learned Government Advocate (Crl. Side) for the first respondent would submit that the petitioner is also an accused in this case and that the final report is yet to be taken on file.

3. Considering the above facts, this Court is inclined to set aside the impugned order and remit the matter back to the learned Magistrate.

4. Accordingly, the order passed in Crl.M.P.No.10975 of 2025 in Crime No.28 of 2025 by the learned Judicial Magistrate No.IV, Coimbatore, dated 13.11.2025, is set aside. The petitioner and the victim in this case shall be heard by the learned Magistrate, and the learned Magistrate shall pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

SUNDER MOHAN J.

5. With the above observations and direction, this Criminal Revision Case stands disposed of.

23-02-2026 Index: Yes/No Speaking/Non-speaking order cda To

1. The Judicial Magistrate Court No.IV, Coimbatore. 2.The Inspector of Police, Coimbatore District Cyber Crime Police Station, Coimbatore.

3.The Public Prosecutor, High Court of Madras.