The High Court of Kerala quashed criminal proceedings under Section 482 CrPC. The court held that the prosecution case, based solely on a blank cheque and stamp paper, failed to establish the petition was engaged in unlicensed money-lending under the Money Lenders Act.
The proceedings in C.C.No.1389 of 2014 arising from Crime No.654 of 2014 shall stand quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 10TH DAY OF JUNE 2016/20TH JYAISHTA, 1938
Crl.MC.No. 1344 of 2016
CC.1389/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD CRIME NO. 654/2016 OF VENJARAMOODU POLICE STATION, THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED:
SHAJAHAN, AGED 41 YEARS, S/O. ABDUL AZEEZ, SHAN MANZIL, POOVAN VILA, KOLIAKODE VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695 607.
BY ADV. SRI.R.B.RAJESH
RESPONDENT(S)/STATE:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682 031.
2. THE SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, VENJARAMOODU PO, THIRUVANANTHAPURAM DISTRICT-695 607.
*** ADDL.R3 IMPLEADED**
3. DILEEP KUMAR. K, S/O.KUTTAN PANICKER, AGED 50 YEARS, RESIDING AT 'SITHARA', VAYYETTE, VENJARAMOODU P.O., NELLANAD VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695607.
ADDL.R3 IMPLEADED AS PER ORDER DATED 15/3/2016 IN CRL.MA.2199/16 IN CRL.MC.1344/2016.
R1 & 2 BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN R3 BY ADV. SRI.M.ABDUL RASHEED
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 1344 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE I: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 654/14 OF VENJARAMOODU POLICE STATION (NOW PENDING AS C.C. NO. 1389/14 OF J.F.M.C-1, NEDUMANGAD)
ANNEXURE II: CERTIFIED COPY OF THE FORM NO. 15 ALONG WITH BLANCK CHEQUE AND BLANK STAMP PAPER SIGNED BY THE DILIPKUMAR AND A BLANCK STAMP PAPER IN THE NAME OF THE PETITIONER
ANNEXURE III: AFFIDAVIT PREFERRED BY DILIPKUMAR DT. 25/2/16
RESPONDENT(S)' ANNEXURES
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
RAJA VIJAYARAGHAVAN.V., J
ORDER
On 14.5.2014 at 12.30 pm a search was conducted in
the residential house of the petitioner herein by the Sub Inspector of Police, Venjaramoodu based on source information. A blank stamp paper of value Rs.100/- and a cheque executed by a person by name Dilip kumar and a stamp paper of value Rs.50/- in the name of the petitioner was found inside the house. On its basis, Crime No.654 of 2014 was registered against the petitioner herein for the offences punishable under Section 17 and 18 of the Money Lenders Act . After investigation final report was laid and the case was taken cognizance of by the jurisdictional Magistrate as C.C.No.1389 of 2014.
Crl.M.C. No.1344 of 2016 -2-
allegations in the final report will not make out an offence against the petitioner herein.
registration of the prosecution centers around a cheque and a blank stamp paper, issued to the petitioner by Dileep Kumar, purportedly as security for a monetary transaction. As directed by this Court, the aforesaid Dilipkumar has been impleaded as the additional 3rd respondent. The said respondent has appeared through counsel and has filed a detailed affidavit.
Crl.M.C. No.1344 of 2016 -3-
and stamp paper was handed over to Aboobecker at the time of availing the loan. When the loan was repaid, Dileep Kumar was told that the cheque and stamp Paper was misplaced and he assured that the same will be handed over to the petitioner. According to the learned counsel, it was in the said circumstances, that the cheque was found in the house of the petitioner. The 3rd respondent further asserts in his affidavit that he has never issued any cheque or stamp paper to the petitioner in connection with any monetary transaction.
Crl.M.C. No.1344 of 2016 -4-
culpable of having committed an offence under Section 17 and 18 of the Money Lenders Act.
In the result, the petition is allowed and all further
Crl.M.C. No.1344 of 2016 -5-
proceedings against the petitioner in C.C.No.1389 of 2014 on the files of the Judicial Magistrate of 1st Class, I Nedumangad, which has arisen from Crime No.654 of 2014 of Venjaramoodu Police Station shall stand quashed.
Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-13.6.2016
1 issue framed by the court
Whether the allegations in the final report make out an offence under Section 17 and 18 of the Money Lenders Act.
3 provisions across 2 enactments
Shajahan
State of Kerala
Dileep Kumar. K
Sub Inspector of Police, Venjaramoodu
Raja Vijayaraghavan V
As recorded by the court registry
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