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2024 Supreme(Online)(KER) 25175

HIGH COURT OF KERALA
SABU – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Petitioners are accused Nos.1 and 2 in C.C.No.3256/2014 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram, arising from Crime No.1186/2014 of Fort Police Station, Thiruvananthapuram. The above case is charge sheeted alleging offences punishable under Section 420 IPC read with Section 13 and 17 of the Kerala Money Lenders Act.

2. The prosecution case is that the petitioners gave a loan of Rs.one lakh to the 3rd respondent which was purportedly to be repaid with interest at the rate of Rs.500/- per day and while so, they filed a case against the husband of the 3rd respondent which was later withdrawn. It is also alleged that even after receipt of Rs.80,000/- in installments, the petitioners initiated criminal prosecution against the 3rd respondent in terms of Section 138 of the Negotiable Instruments Act and that the petitioners committed the afore mentioned offences.

Annexure-A is the FIR. Annexure-B is the final report. According to the petitioners, even if the entire allegations are accepted, no offence is made out against the petitioners. Hence this criminal miscellaneous case.

3. Heard the learned counsel for the petitioners and the learned Publi

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