ORDER

This criminal miscellaneous case is filed to quash the proceedings in C.C.No.87/2017 on the file of the Chief Judicial Magistrate Court, Thodupuzha, arising from Crime No.870/2015 of Kanjar Police Station. The offences alleged under Section 420 of the Indian Penal Code and also under Sections 3 and 4 of the Prohibition of Charging of Exorbitant Interest Act (for short, the Interest Act). The 3^rd respondent is the defacto complainant.

2. The prosecution case is that, Charge Witness No.1 borrowed a total amount of Rs.50 lakhs from the accused and after paying the principal amount and the interest, the accused demanded more amount towards interest, and for non-payment of the interest, two cheques issued by Charge Witness No.1 as security and the passbook of the Bank were not returned to the Charge Witness No.1. Hence it is alleged that the accused committed the offence. According to the petitioner, even if the entire allegations are accepted, no offence is made out.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The counsel for the petitioner submitted that even if the entire allegations are accepted, no offence is made out. The counsel also