M/S. MUTHOOT FINANCE LIMITED Vs. DAVIDSON THARMARAJ

JUDGEMENT

(1.) This quash petition is filed to quash the criminal proceedings in C.C.No.110 of 2011 on the file of the Judicial Magistrate, Tenkasi, having been taken cognizance for the offences under Sections 410, 419, 406, 409 and 120-(B) of I.P.C. as against the petitioners and others on the private complaint filed by the respondent.

(2.) The case of the complainant/respondent is that on 101.2004, he pledged few articles of gold weighing about 78 grams for a sum of Rs. 48,000.00. Again, on 27.01.2004, he pledged gold jewels and other golden articles weighing about 118 grams for a sum of Rs. 52,000.00. Further, on 03.01.2004, he pledged gold jewels along with other articles weighing 44 grams for a sum of Rs. 18,000.00 and also on 09.02004, again he pledged his gold jewels weighing about 55 grams for a sum of Rs. 24,000.00. For all the pledges, the accused issued pawn tickets. Thereafter, the complainant approached the accused for redemption of jewels. However, he was informed that the jewels, which he pledged with the accused, were auctioned for non payment of the interest as well as the principal within a time stipulated by the accused. The complainant also came to understand that without following the Rule 12(6) of the Tamil Nadu Pawn Brokers Act, 1943, without giving sufficient time and without any prior notice to the complainant, the accused auctioned the jewels. Therefore, it is violation of Sec. 12(3) and 14(D)(2) of the Tamil Nadu Pawn Brokers Act and Sec. 12(13) of the Tamil Nadu Pawn Brokers Rules, 1943. Hence, the complaint.

(3.) After receipt of the private complaint filed by the respondent, the learned Judicial Magistrate, Tenkasi had taken cognizance for the offence under Sections 410, 419, 406, 409 and 120-(B) of I.P.C. totally as against seven persons. The petitioners in this quash petition are arraigned as A1 to A5. The said complaint is under challenge in the present quash petition filed by the petitioners/A1 to A5.