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2024 Supreme(Online)(KER) 32660

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
JOJU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
M.R.DHANIL, JISHY P.S., SENITTA P. JOJO, NIDHEESH S MUHAMMED HUSSAIN.K.M

Table of Content
1. learned counsel for the petitioner (Para 3)
2. learned counsel for the respondents (Para 4)
3. considering the nature of contentions (Para 5)

ORDER

Petitioner seeks to quash the proceedings in C.C.No.721/2022 on the files of the Judicial First Class Magistrate Court-I, Thrissur, which arise out of Crime No.1187/2020 of Viyyoor Police Station.

2. According to the prosecution, the accused had, with intent to cheat the public, disbursed amounts for exorbitant interest and indulged in money lending business from the year 2011 onwards, and also accepted blank cheque leaves and blank papers afÏxed with revenue stamps, thereby committing the offences under Section 420 of the Indian Penal Code , 1860, apart from Sections 3 and 4 r/w Section 17 of the Kerala Money Lenders Act , 1958, and Section 9 (a)(b) of the Kerala Prohibition of Charging Exorbitant Interest Act , 2012.

3. Sri. M.R.Dhanil, the learned counsel for the petitioner, contended that the prosecution allegations are totally false and even if the entire allegations are admitted, only one instance of money lending is made out. It was submitted that this Court has, time and again, observed in various decisions that a

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