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2024 Supreme(Online)(KER) 31689

HIGH COURT OF KERALA
HAREESH – Appellant
Versus
THE STATE OF KERALA – Respondent


ORDER

Petitioner is the sole accused in C.C.

No.1727/2017 on the file of the Judicial First Class Magistrate Court, Malappuram arising from Crime No.420/2016 of Vengara Police Station. The above case is charge sheeted against the petitioner alleging offences punishable under Sections 3, 4 and 17 of the Kerala Money Lenders Act, 1958 and Section 506(i) IPC.

2. The prosecution case is that the petitioner gave a sum of Rs.5,00,000/- to the defacto complainant at a place called Vengara in Malappuram district and it is complained that the petitioner intimidated the defacto complainant demanding money despite of discharging the liability. Annexure A is the final report. According to the petitioner, even if the entire allegations are accepted, no offence is made out.

3. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the

2nd respondent and the learned Public Prosecutor.

4. The counsel appearing for the petitioner submitted that, even if the entire allegations are accepted there is only a single instance of lending money which will not attract the offence under the Kerala Money Lenders Act. The counsel relied on the judgments of this Court in Vimal v. S

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