Prabhakaran v. Canara Bank

ORDER This criminal original petition has been filed to set aside the return docket order in Crl.M.P.SR.No.1640 of 2026 dated 17.03.2026 passed by the Chief Judicial Magistrate, Coimbatore and direct the Chief Judicial Magistrate, Coimbatore to take on file and number the petition filed by the petitioner u/s. 379 r/w215(1)(b)(i) of BNSS.

2.The petitioner filed a petition under Section 379 r/w 215(1)(b)(i) of BNSS before the Chief Judicial Magistrate, Coimbatore. The same was returned on 16.03.2026 as not maintainable, against which, the present petition.

3.A criminal petition in Crl.M.P.No.1504 of 2025 was filed by Canara Bank before the Chief Judicial Magistrate seeking appointment of an Advocate Commissioner to take possession of the property, which had been attached under Section 14 of the SARFAESI Act. The Chief Judicial Magistrate, by order dated 28.02.2025 ordered the same.

4.According to the petitioner, he is a lawful tenant in respect of the said premises and has been running a TASMAC bar from the year 2014. It is further stated that he has invested more than 40 lakhs in the business. However,, without hearing him, order has been passed. Hence, filed this petition as a third respondent to intervene and to set aside the order passed by the Chief Judicial Page3 of 4 Magistrate. Since the petitioner's life is being affected, he ought to have been heard.

5.Mr.R.Sreedhar, learned counsel appearing for the 1st respondent/Canara Bank strongly opposed the petitioner's contention and submitted that the petitioner had earlier filed S.A.No.387 of 2025 before the Debt Recovery Tribunal, Coimbatore under Section 17(4a) of SARFAESI Act, challenging the order of possession and seeking protection of the tenancy rights. Thereafter, he had filed this petition before Chief Judicial Magistrate. The Chief Judicial Magistrate had rightly found that the petition is not maintainable and returned the same.

6.Considering the submission and on perusal of the material available on record, it is seen that a return of the Chief Judicial Magistrate in not entertaining the petition is proper and does not warrant any interference. If at all the petitioner has got any grievance, he has to approach the appropriate forum either DRT or DRAT. In view of the same, the criminal original petition is dismissed. 08-04-2026 Index: Yes/No Speaking/Non-speaking order sms To

¶1The Chief Judicial Magistrate, Coimbatore. CRLoOPoNo.o8746oofo2026 M.NIRMALoKUMAR,oJ. sms CRLoOPoNo.o8746oofo2026 08-04-2026 Page4oofo4

Page1 of 4 0IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-04-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 8746 of 202 Prabhakaran S/o. Dharman, No.B-167, Cheran Ma Nagar, Villankurichi, Coimbatore - 641 035. ..Petitioner(s) Vs 1. Canara Bank Rep.by, Authorized Officer/ Divisional Manager, Kozhikode, Arm Branch, Suresh Babu.P 2. M/s. Savute Textiles Pvt.Ltd., Rep.by its guarantor, Arumugam S/o. Late Rengaswamy, P523 Db Road, RS Puram, Coimbatore. 3. Sri. Arumugham R. S/o. Late Ranga Swamy, P523, DB Road, RS Puram, Coimbatore. 4. Smt. Sangeetha B W/o. Balamurali Probhu, 17A/1, Lalbahadur Colony, Peelamedu, Coimbatore. ..Respondent(s) PRAYER: The criminal original petition filed under Section 528 of BNSS, 2023 to set aside the return docket order in Crl.M.P.SR.No.1640 of 2026 dated 17.03.2026 passed by the Chief Judicial Magistrate, Coimbatore and direct the Chief Judicial Magistrate, Coimbatore to take on file and number the petition filed by the petitioner u/s. 379 r/w215(1)(b)(i) of BNSS and pass such other or further orders as this Honorable Court. Page2 of 4 For Petitioner(s): Mr.K.Balasubramaniam For Respondent(s): Mr.R. SREEDHAR FOR R1