3.The case of the petitioner in Crl.R.C.No.1373/2019, is that the petitioner, for obtaining a loan of Rs.50 lakhs from the accused Company, after seeing the advertisement over cell phone, approached the accused Asraf Ali and on promise, the petitioner has paid Rs.1,00,000/- as commission for the accused for obtaining loan of Rs.50,00,000/-, whereas the accused threatened and extorted the cash of Rs.1,00,000/- from the petitioner and cheated him. Thereafter, the petitioner has lodged a complaint before the respondent Police, who inturn registered a case in Cr.No.145/2019 under Section 341, 323, 294 (b), 336, 427, 392 r/w 397 and 506(ii) IPC. After due investigation, the respondent Police arrested four accused and remanded to judicial custody. During the investigation, based on the confession from the accused persons, the Law Enforcing Agency had recovered Rs.9,80,000/- and thereafter, the petitioner has filed Crl.M.P.No.11867/2019, before the VIII Metropolitan Magistrate, George town, Chennai, for return of the amount of Rs.80,000/-. However, the Trial Court, considering the submission of the learned Public Prosecutor appeared therein, that four more accused and main accused are yet to be secured and more amounts are yet to be recovered and the investigation was still pending, dismissed the petition. Aggrieved over the same, the petitioner has filed this petition before this Court for return of cash.
