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TMI Blog2023 (12) TMI 1416X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 5605 of 2022 And CRL. MC No. 5591 of 2022 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... e informed the petitioners that he would be able to bring down the price demanded. They were also informed that there can not be any piecemeal payment for the price of Hotel but the entire amount agreed up on would have to be paid as on the date of the sale. In order to generate the said amount, the 1st petitioner consolidated an amount of Rs. 1 Crore 55 lakhs which was withdrawn from his ban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers regarding the fact that the sale did not go through. While they were returning to Calicut, it is submitted that the vehicle in which petitioners 1 and 2 were travelling was intercepted by the police at Nilambur on 12. 04. 2022 and an amount of Rs. 156 lakhs which was carried by them was seized by the police. The petitioners and the Income Tax Department, 3rd respondent herein, filed appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt specifically observed that the order passed by the learned Magistrate ordering the handing over of the amount to the revenue in such situation can not be sustained. In the light of the above order, I am of the considered opinion that these Criminal Miscellaneous Cases are to be allowed. 5. When these Criminal Miscellaneous Cases came up for consideration, the learned Standing counsel appearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is set aside. ii) In Crl. M. C. No. 5605/2022, the order dated 03.08.2022 in C. M. P. No. 832/2022 on the file of the Judicial First Class Magistrate Court, Nilambur is set aside and the prayer in C. M. P. No. 832/2022 is allowed. iii) The Judicial First Class Magistrate Court, Nilambur is directed to release the amount to the petitioners on furnishing a bond for a sum of Rs.& ..... X X X X Extracts X X X X X X X X Extracts X X X X
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