Madras High Court

CRL RC/646/2026 of Smart Credit India finance Limited. Vs State Rep.by, Inspector of Police on 23 September 2026

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CRL RC No. 646 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

CRL RC No. 646 of 2026

CNR: {HCMA010189582026}

Smart Credit India Finance Limited.,

Rep.by its Authorised Office

K.Jamal Basha,

Nachiyar Towers,

5/26, EVR Salai,

K.K.Nagar,

Tiruchirapalli.

..Petitioner(s)

Vs

1.State Represented by

Inspector of Police,

Economic Offences Wing II,

Coimbatore.

(Crime No.03/2019)

2.Justin Prabhakar

S/o. S.Antony,

1/91-1, Rasi Nagar,

Vasantha Nagar Extension,

Somarasampettai,

Tiruchirapalli - 620 102.

..Respondent(s)

Prayer:

Criminal Revision Case filed under Section 438 r/w.442 of Bharatiya nagarik Suraksha Sanhita, 2023 seeking to set aside the order dated 11.12.2024

passed by the Learned Special Judge, Special Court under TNPID Act, Coimbatore, in Crl.M.P.No.2438 of 2024 with Crime No.03 of 2019 on the file of the Economic Offences Wing II, Coimbatore Police Station, consequently direct the respondents to return the vehicle along with the Registration

CRL RC No. 646 of 2026

Certificate to the petitioner and granting permission to the petitioner to sell the vehicle Toyota Innova Crysta Car bearing Registration No.TN37 CT 9096 by public auction or on private treaty or such condition that this Hon’ble Court may stipulate.

For Petitioner(s):

Ms.D.Meera

For Respondent(s):

Mr.A.Amarnath for R1

Additional Public Prosecutor

Mr.R.S.Selvam for R2

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ORDER

The revision challenges the order passed by the learned Special Judge, Special Court under TNPID Act, Coimbatore, dismissing the petitioner’s application seeking return of a car, namely, Toyota Innova Crysta Car bearing Registration No.TN37 CT 9096, which was seized from the second respondent, during the course of investigation in Crime No.03 of 2019.

2. On the complaint given by the depositors that a finance establishment arrayed as A1 had collected deposits and not repaid the same, the FIR was registered. The second respondent herein who was not arrayed as accused in the FIR was arrayed as A12 in the final report.

3. The petitioner claiming to be the financier who had funded money for purchase of the vehicle by the second respondent had sought for return of the

CRL RC No. 646 of 2026

vehicle stating that he is entitled for the custody of the vehicle as the second respondent had defaulted in payment of the loan amount. The learned Special Judge dismissed the said application. The second respondent also filed application for return of the property which also came to be dismissed. The learned Judge held that since the first respondent was taking steps for sending a proposal to the Government for ad interim attachment, the vehicle cannot be returned. This order was passed on 11.12.2024.

4. The learned counsel for the petitioner would submit that though the respondent had represented to the learned Judge that Government Order is likely to be passed for ad interim attachment, no such attachment has been made so far and therefore the vehicle cannot be kept idle at the Police Station which would then be of no use to anyone. The learned counsel would further submit that the second respondent has no objection for handing over interim custody of the vehicle to the petitioner.

5. The learned counsel for the second respondent owner of the vehicle on instructions would submit that the second respondent has no objection for handing over interim custody of the vehicle to the financier the petitioner herein.

6. The learned Additional Public Prosecutor would submit that the

CRL RC No. 646 of 2026

investigation now has been completed and the second respondent has been arrayed as A12. He would further submit that pursuant to the orders of the Supreme Court, Committee headed by a retired Judge of this Court has been appointed to sell the properties of the accused to satisfy the claim of the distributors.

7. Admittedly the petitioner is the financier of the vehicle belonging to the second respondent. The second respondent has no objection for return of the vehicle to the petitioner. The prayer of the petitioner was declined only because the respondent stated that there was a proposal pending with the Government for attachment of the vehicle. This representation was made in the year 2024. Even now admittedly no Government Order has been passed for attachment of the vehicle. The vehicle is lying idle at the Police Station for nearly three years.

8. In the light of the above facts, this Court is of the view that it would be in the interest of justice if the interim custody of the vehicle namely, Toyota Innova Crysta Car bearing Registration No.TN37 CT 9096 is handed over to the petitioner on the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.3,00,000/- [Rupees Three Lakhs Only] with one surety for a likesum to the satisfaction of the learned Special Judge, Special Court under TNPID Act, Coimbatore and the said surety shall be the second respondent;

CRL RC No. 646 of 2026

(ii) The petitioner shall not alienate or alter the vehicle;

(iii) The petitioner shall produce the vehicle as and when required by the trial Court.

9. With the above observations, the revision is allowed. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No pri To

1. The Learned Special Judge, Special Court under TNPID Act, Coimbatore.

2. The Inspector of Police, Economic Offences Wing II, Coimbatore. (Crime No.03/2019)

CRL RC No. 646 of 2026

SUNDER MOHAN, J. pri CRL RC No. 646 of 2026 23-09-2026

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