IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID

TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361

Crl.MC.No. 6844 of 2014 ()

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ST.NO. 1466/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHERTHALA

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PETITIONER/ACCUSED :

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MR. VIMAL,

S/O.UMMACHAN, AGED 23 YEARS

THAYYIL VEEDU, KADAKKARAPPALLY P.O

CHERTHALA TALUK, ALAPPUZHA DISTRICT.

BY ADVS.SRI.LAL K. JOSEPH

SRI.A.A.ZIYAD RAHMAN

SRI.P.MURALEEDHARAN (THURAVOOR)

SRI.V.S.SHIRAZ BAVA

SRI.JOSEPH KURIAN VALLAMATTAM

RESPONDENTS/COMPLAINANT/STATE :

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1. STATE OF KERALA

REP. BY ITS PUBLIC PROSECUTOR

HIGH COURT OF KERALA, ERNAKULAM.

2. SUB INSPECTOR OF POLICE

PATTANAKKADU POLICE STATION,

CHERTHALA, ALAPPUZHA-695 040.

3. SUNILKUMAR,

S/O.SUGUNAN, AGED 51,

NEDUNGATTU VEEDU, KADAKKARAPPALLY P.O.,

PATTANAKKADU, CHERTHALA TALUK,

ALAPPUZHA DISTRICT-695 040.

R1 & R2 BY PUBLIC PROSECUTOR SMT. S. HYMA

R3 BY ADV. SRI.PHILIP J.VETTICKATTU

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

ON 06-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Mn

...2/-

Crl.MC.No. 6844 of 2014 ()

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APPENDIX

PETITIONERS' S :

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ANNEXURE A1 -

CERTIFIED COPY OF THE FIR NO.107/13 OF PATTANAKKADU

POLICE STATION DATED 13-2-13.

ANNEXURE A2 -

CERTIFIED COPY OF THE FINAL REPORT 14-03-2013 IN ST

NO.1466/2013 BEFORE THE JUDICIAL FIRST CLASS

MAGISTRATE COURT-I, CHERTHALA.

ANNEXURE A3 -

TRUE COPY OF THE AFFIDAVIT DATED 16-10-2014 SIGNED BY

THE 3RD RESPONDENT BEFORE THE NOTARY PUBLIC

M.F.VARKEY

RESPONDENT(S)' EXHIBITS : NIL

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//TRUE COPY//

P.S. TO JUDGE

Mn

P.UBAID, J.

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Crl.M.C..No. 6844 OF 2014

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Dated this the 6^th day of January, 2015

O R D E R

A prosecution under Section 18 of the Kerala Money

Lenders Act, 1958 is sought to be quashed under Section 482

of the Crl.P.C. The crime in this case was registered suo motu

by the police on the basis of seizure of some cheques from

the possession of the petitioner herein. The grievance of the

petitioner is that these cheques were not, in fact, received by

him in money lending business. He seeks orders quashing

the prosecution on the ground that such a prosecution will be a

sheer abuse of legal process. On a perusal of the entire

prosecution records including the FIR and the final report, I

find that the prosecution does not have any material to show

that the petitioner herein was found involving in any money

lending business. What is made punishable under the Kerala

Money Lenders Act is involvement in money lending business.

Thus, the prosecution will have to prove some sort of

Crl.M.C. No.6844 of 2014

: 2 :

business in money lending for a successful prosecution. The

mere fact that the accused was found in possession of some

cheque leaves or some other documents will not prove a business

transaction. Lending money to a person under one or more

documents will not by itself constitute the offence of

unauthorised money lending meant under the Kerala Money

Lenders Act. Pending the proceedings, I directed the police to

report whether any other material or document, than those

seized by the police at the first instance were seized or

recovered during investigation. The report is nil. This means

that the dispute betwe