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2024 Supreme(Online)(KER) 39425

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
VELAYUDHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SHAJIN S.HAMEED, SRI.SANGEETHARAJ.N.R, SMT.MARY RANZOM LOUIZ

ORDER

This Crl.M.C is filed to quash proceedings in C.C.No.3565/2017 on the file of the Judicial First Class Magistrate Court, kunnamkulam. The above case is charge sheeted against the petitioner alleging offences punishable under Sections 3 r/w 9 of the Kerala Prohibition of Exorbitant Interest Act, 2012 , and also under Section 406 and 420 IPC .

2. The prosecution case is that the de facto complainant during December 2014 borrowed an amount of Rs. 2,00,000/- from the accused after giving his swift car bearing registration no.KL-46-J-9703, passport, two cheques and a stamp paper as security. He also agreed to pay an amount of Rs.20,000/- per month as interest. According to the de fact complainant, he paid interest for about 7 months. During April 2017, the de facto complainant demanded the accused to return the vehicle and other documents, but he did not return it. It is the case of the de facto complainant that accused hired the vehicle of the de facto complainant and others, thereby earned Rs.24,000/- as rent monthly. Therefore, it is alleged that the accused committed the offence.

3. Heard the learned counsel for the petitioner and Learned Public Prosecutor. There is no represen

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