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