Madras High Court
M/S.Richy Health Care Pvt. Ltd vs The State Represented By on 28 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.5114 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.5114 of 2024
1. M/s.Richy Health Care Pvt. Ltd.,
rep. by its Director,
Dr.Amit Ajgaonkar
Having office address at,
Parth Business Plaza,
Off link road, Mith Chowki
Marve Road, Malad (W),
Mumbai – 400064.
2. Dr.Amit Anand Ajgaonkar ... Petitioners
Vs
1. The State represented by
Inspector of Police,
Thazhambur Police Station,
Central Crime Branch,
Tambaram City Police,
Sholinganallur, Chennai – 600 119.
2. HDFC Bank Limited,
Shop No.8, Ground Floor,
Bhagat Grandeur, New Link Road,
Opposite Infinity Mall, Malad West,
Mumbai – 400 064.
1/10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2025 08:03:34 pm )
Crl.O.P.No.5114 of 2024
3. Kotak Mahindra Bank Ltd.,
Shop Numbers 9, 10 and 11,
Ground Floor, Wing “b”,
“Silver Spring” Plot No.118,
Lokhandwala Complex, Andheri West,
Mumbai – 400053.
4. M/s.Eessa Constructions Pvt Ltd.,
Rep. by its Director,
Mr.K.V.Sridharan,
Having registered Office at,
7, SS Avenue,
Old Mahabalipuram Road (OMR),
Padur, Chennai – 603 103.
(R4 impleaded as per order dated 28.06.2024 in Crl.M.P.
No.5559 of 2024 in Crl.O.P.No.5114 of 2024) ... Respondents
Criminal Original Petition is filed under Section 482 of
Cr.P.C.,/528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to defreeze
the bank accounts of the petitioners being HDFC Bank Mindspace, Malad
West Branch Account No.50200037515777 in the name of Richy Health
Care Pvt. Ltd i.e 1st petitioner and Kotak Mahindra Bank Lokandwala,
Andheri Branch Account No.3713077499 in the name of the Richy Health
Care Pvt. Ltd., i.e. the petitioner No.1 in Crl.O.P.No.13939 of 2022.
For Petitioners : Mr.Dinesh D Tiwari
For Respondents : Mr.K.M.D.Muhilan,
Government Advocate (Crl.Side) for R1
Ms.M.Ellaikhya
for Mr.S.Ashok Kumar (for R4)
2/10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2025 08:03:34 pm )
Crl.O.P.No.5114 of 2024
ORDER
This petition has been filed to defreeze the bank accounts of the petitioners, being HDFC Bank Mindspace, Malad West Branch, Account No. 50200037515777, in the name of Richy Health Care Pvt. Ltd., i.e., the 1st petitioner, and Kotak Mahindra Bank Lokandwala, Andheri Branch, Account No. 3713077499, in the name of Richy Health Care Pvt. Ltd., i.e., the 1st petitioner, in Crl.O.P.No.13939 of 2022.
2. Heard the learned counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel for the fourth respondent and perused the materials available on record.
3. On the complaint lodged by the fourth respondent, the first respondent registered the First Information Report in Crime No. 119 of 2022 for the offences punishable under Sections 409, 420, 465, 467, 471, and 120(b) of IPC on 27.04.2022. The case of the prosecution is that the fourth respondent was looking for investments and was in need of financial 3/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2025 08:03:34 pm ) Crl.O.P.No.5114 of 2024 assistance to develop its business. A1 to A4 had given a false promise that they would arrange some investments and also had promised to initially arrange a sum of Rs. 9 Crores from the petitioners herein. They also showed the original demand draft and provided a photocopy of the demand draft to the tune of Rs. 9 Crores in the name of the fourth respondent.
4. Believing the said words, the fourth respondent had transferred the commission to the tune of Rs. 6.25 Crores to the accounts of A5 and A6, amounting to Rs. 5.50 Crores and Rs. 75 lakhs respectively, in the name of Siddheshwari Trading Company and Jim Forex Private Limited. After receipt of the commission, the accused failed to transfer a sum of Rs. 9 Crores or return the said alleged commission. In pursuance of the registration of the First Information Report, the accounts of the petitioners have been frozen on the request made by the first respondent.
5. Now, the crime of the year 2022, so far the first respondent has not completed the investigation and filed any final report. Even as per the complaint lodged by the fourth respondent, A1 to A4 assured that they 4/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2025 08:03:34 pm ) Crl.O.P.No.5114 of 2024 would arrange financial assistance with the first petitioner, who is arrayed as A7. However, there is no whisper about to what extent they assured financial assistance in favour of the fourth respondent.
6. That apart, even while approaching A1 to A4, they had shown the demand draft in favour of the financial assistance to the tune of Rs. 9 Crore. No prudent person would agree to pay a commission to the tune of Rs. 6.25 Crores for financial assistance of Rs. 9 Crores. If the fourth respondent had Rs. 6.25 Crores, definitely, the fourth respondent would not want financial assistance to the tune of Rs. 9 Crores. That apart, even other allegations do not constitute any offences as alleged by the prosecution. There are no allegations about the fabrication of any records or forging the signature of the fourth respondent.
7. Further, the First Information Report is pending for investigation for more than three years. The first petitioner, being a doctor, is running a hospital in the name of Richy Health Care Private Limited. The entire amount of the hospital has been deposited in the petitioners' bank 5/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2025 08:03:34 pm ) Crl.O.P.No.5114 of 2024 account and now the petitioners cannot able to operate their account, in view of the request made by the first respondent.
8. That apart, there is no proof to show that the first to third respondents had complied with the provision under Section 102 of Cr.P.C. Further, there are absolutely no materials to show that the petitioners and A1 to A4 had a conspiracy to cheat the fourth respondent. Though the fourth respondent alleged that a sum of Rs. 6.25 Crores had been transferred in favour of A1 to A4, there is absolutely no document to show that the amount was transferred in their favour.
9. Even assuming that the said amount was transferred in favour of A1 to A4, it has nothing to do with the petitioners' accounts. The petitioners also produced statements of accounts before this Court, which reveal that no amount has been transferred in the petitioners' bank accounts from A1 to A4. Further, there are no materials to connect the petitioners with A1 to A4 or any other accused, including the de-facto complainant, viz., the fourth respondent herein.
6/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2025 08:03:34 pm ) Crl.O.P.No.5114 of 2024
10. The complaint itself is very vague and does not constitute any offence. If at all there were financial transactions between the fourth respondent and A1 to A4, the fourth respondent ought to have approached the Civil Court for appropriate relief. Unfortunately, on the said complaint, the first respondent registered the First Information Report and requested the second and third respondents to freeze the accounts of the petitioners. Further, the accounts of the petitioners cannot be frozen forever, since the first respondent did not even proceed with any investigation and did not file any final report in Crime No. 119 of 2022.
11. In view of the above, the accounts of the petitioners bearing Account Nos. 50200037515777 and 3713077499 are hereby de-frozen. The petitioners are permitted to operate the said account numbers maintained with the second and third respondents forthwith. 7/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2025 08:03:34 pm ) Crl.O.P.No.5114 of 2024
12. With the above observations, this Criminal Original Petition is allowed.
28.02.2025 Index:Yes/No Neutral Citation/Yes/No kv To
1. The Inspector of Police, Thazhambur Police Station, Central Crime Branch, Tambaram City Police, Sholinganallur, Chennai – 600 119.
2. The HDFC Bank Limited, Shop No.8, Ground Floor, Bhagat Grandeur, New Link Road, Opposite Infinity Mall, Malad West, Mumbai – 400 064.
3. Kotak Mahindra Bank Ltd., Shop Numbers 9, 10 and 11, Ground Floor, Wing “b”, “Silver Spring” Plot No.118, Lokhandwala Complex, Andheri West, Mumbai – 400053.
8/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2025 08:03:34 pm ) Crl.O.P.No.5114 of 2024
4. The Public Prosecutor, High Court of Madras.
9/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2025 08:03:34 pm ) Crl.O.P.No.5114 of 2024 G.K.ILANTHIRAIYAN, J.
kv Crl.O.P.No.5114 of 2024 28.02.2025 10/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2025 08:03:34 pm )