SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Online)(KER) 1865

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


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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top