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2018 Supreme(Online)(KER) 1865

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

MONDAY ,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940

Crl.MC.No. 1481 of 2018

CRIME NO. 2147/2013 OF Thodupuzha Police Station , Idukki

PETITIONER:

AJEESH

AGED 32, S/O.VIJAYAN, PAZHAYIDAM HOUSE,

MANGATTUKAVALA KARA,THODUPUZHA VILLAGE, THODUPUZHA

TALUK.

BY ADV. SRI.G.SREEKUMAR (CHELUR)

RESPONDENTS:

1

THE STATE OF KERALA

REP. BY THE SUB INSPECTOR OF POLICE, THODUPUZHA

POLICE STATION, THROUGH THE PUBIC PROSECUTOR, HIGH

COURT OF KERALA AT ERNAKULAM-682031.

2

RASHEED

AGED 39, S/O.CHERUPARAMBIL MEETHIYAN, KADAVUR

VILLAGE, THODUPUZHA.

BY ADV. SRI.N.L.BITTO

SR.PP.ALEX.M.THOMBRA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

15.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Petition filed under Section 482 Cr.P.C.

2.

The petitioner is the accused in Crime No.2147

of 2013 of Thodupuzha Police Station registered for the

offence under Section 17 of the Kerala Money Lenders Act

and Section 420 IPC. The allegation is that without a

licence for money lending business he was doing money

Crl.MC.No. 1481 of 2018 2

lending business. The proceedings are sought to be

quashed on the ground of settlement of the dispute with

the victim, who is the second respondent.

3.

Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

4.

Section 420 IPC is compoundable with the

permission of the court. But Section 17 of the Kerala

Money Lenders Act is not compoundable. The case of the

prosecution is that the petitioner lent certain amount to

the second respondent and thus he was doing money lending

business. A single transaction with a single person does

not amount to money lending business. So the facts of

the case do not attract the offence under Section 17 of

the Kerala Money Lenders Act. I am satisfied that no

public interest is involved in this case.

In the result, this Crl.M.C is allowed. The

proceedings in Crime No.2147 of 2013 of Thodupuzha Police

Station are quashed.

Sd/-

K.ABRAHAM MATHEW

JUDGE

pm

Crl.MC.No. 1481 of 2018 3

APPENDIX

PETITIONER'S EXHIBITS:

ANNEXURE I

A TRUE COPY OF THE FIR IN CRIME NO.2147 OF

2013 OF THE THODUPUZHA POLICE STATION DATED

14-10-2013.

ANNEXURE II

A TRUE COPY OF THE FIRST INFORMATION

STATEMENT OF THE SECOND RESPONDENT DATED 14-

10-2013.

ANNEXURE III

A TRUE COPY OF THE ORIGINAL OF THE AFFIDAVIT

FILED BY THE SECOND RESPONDENT DATED 27-2-

2018.

RESPONDENTS' EXHIBITS: NIL

// TRUE COPY// PA TO JUDGE

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