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2024 Supreme(Ker) 783

A. BADHARUDEEN
Sebastian Joseph – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Anoop V. Nair, E. Adithyan, Meenakshy S. Dev.
For the Respondents: Sri. Renjit George, Sr. Public Prosecutor.

ORDER :

(A. Badharudeen, J.) :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure to quash Annexure-II Final Report in Crime No.750/2014 of Keezhvaipur Police Station, now pending as C.C.No.36/2016 on the files of the Judicial First Class Magistrate Court, Thiruvalla. The petitioner herein is the sole accused in the above case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail.

3. In this matter, the prosecution alleges commission of offences punishable under Sections 420 and 506(i) of IPC, Section 3 r/w Section 17 of the Kerala Money Lenders Act, 1958 and Section 3 r/w Section 9(a) of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012 (hereinafter referred to as ‘the Act, 2012’ for short).

4. The prosecution allegation is that the accused herein gave chitty loan to the defacto complainant and thereafter demanded exorbitant interest for the same. The further allegation is that the accused, who runs ‘Kailath Chitty Fund’, had collected 16 blank cheques, 16 signed stamp papers and 16 white papers affixed with the revenue stamps towards security for the said chitty transaction amount

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