Petitioner faces prosecution in C.C.No.263/2018 on the files of Judicial First Class Magistrate Court, Alathur arising out of Crime No.1078/2016 of Alathur Police Station, alleging offences punishable under Sections 17 and 18(a) of the Kerala Money Lenders Act, 1958 [for short, the ‘KML Act’] apart from Sections 3, and 9(a) of the Kerala Prevention of Charging Exorbitant Interest Act, 2012 and Section 420 of the Indian Penal Code, 1860.

2. Prosecution alleges that, the accused had, during the year 2012, indulged in money lending business by lending an amount of Rs.50,000/- to the de facto complainant without any licence under the KML Act, and demanded exorbitant interest. The accused is also alleged to have collected three blank signed cheques and blank papers with the promise to return the same on repayment of the amount, and thereby committed the offences alleged.

3. Sri.O.D.Sivadas, the learned counsel for the petitioner, submitted that, the final report proceeds under the wrong assumption that lending money to a person is an offence, if licence under the KML Act is not obtained. The learned counsel relied upon the decisions of this Court in Kurian V.