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2015 Supreme(Ker) 7

P.UBAID
Vimal – Appellant
Versus
State of Kerala rep. by its Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:Lal K. Joseph, A.A. Ziyad Rahman, P. Muraleedharan (Thuravoor), V.S. Shiraz Bava, Joseph Kurian Vallamattam, Advocates.
For the Respondents:R1 & R2, S. Hyma, Public Prosecutor, R3, Philip J. Vettickattu, Advocate.

Judgment :-

1. A prosecution under Section 18 of the Kerala Money Lenders Act, 1958 is sought to be quashed under Section 482 of the Crl.P.C. The crime in this case was registered suo motu by the police on the basis of seizure of some cheques from the possession of the petitioner herein. The grievance of the petitioner is that these cheques were not, in fact, received by him in money lending business. He seeks orders quashing the prosecution on the ground that such a prosecution will be a sheer abuse of legal process. On a perusal of the entire prosecution records including the FIR and the final report, I find that the prosecution does not have any material to show that the petitioner herein was found involving in any money lending business. What is made punishable under the Kerala Money Lenders Act is involvement in money lending business. Thus, the prosecution will have to prove some sort of business in money lending for a successful prosecution. The mere fact that the accused was found in possession of some cheque leaves or some other documents will not prove a business transaction. Lending money to a person under one or more documents will not by itself constitute the offence of


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