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2024 Supreme(Kar) 34

H. P. SANDESH
Sathish Kumar S S/o Shivanna – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI M.J.ALVA, ADVOCATE
For the Respondent: SRI B LAKSHMAN

ORDER :

This criminal petition is filed under Section 482 of Cr.P.C praying to quash the charge sheet filed by respondent No.1 against the petitioner in C.C.No.8574/2023 (Cr.No.331/2019) for the offences punishable under Sections 384, 420 and 506 of IPC; Section 38 of the Karnataka Money Lenders Act, 1961 (for short ‘the Act of 1961’) and Section 3 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 (for short ‘the Act of 2004’).

2. Heard the learned counsel appearing for the petitioner and learned High Court Government Pleader appearing for the respondent No.1-State. Respondent No.2 is served but unrepresented.

3. The factual matrix of the case of the complainant/respondent No.2 in the complaint dated 27.11.2019 that herself and her husband were running a business of manufacture of labels. One Mr. Santhosh introduced financier Mr.Sathish Kumar as they required liquid cash and they borrowed an amount of Rs.98,500/-on 01.10.2015 with interest at the rate of 5% per week. For this, the said Sathish took the cheques of them belongs to Andhra Bank and Bank of India and they were paying interest at the rate of 5% i.e., Rs.4,925/-per week. As the business was growing, the

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