Disposed

Kumaran v. State of Kerala

Kerala HC23 Jun 2016Crl.MC/1583/2015

Case brief

AI extract

What is this about?

In Crl.MC.No. 1583 of 2015, the tribunal disposed of a criminal miscellaneous petition challenging conviction under the Money Lenders Act and Kerala Prohibition of Charging Exorbitant Interest Act. The court held the petitioner had a licence, making Section 17 inapplicable, while Section 6 violation remained, deferring exorbitant interest allegations to the trial court.

What did the court decide?

This petition is disposed off with directions that Section 17 does not apply as the petitioner has a licence, while Section 6 violation remains and exorbitant interest issues await trial court.

Kumaran Vs State of Kerala — Banking and Recovery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938

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Crl.MC.No. 1583 of 2015 ()

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AGAINST THE JUDGMENT IN CC 1175/2014 of J.M.F.C.,CHITTUR

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PETITIONER(S)/PETITIONER/ACCUSED:

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KUMARAN

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S/O RAMAN, VIRIPPODE HOUSE, PALLAVUR, CHITTUR, PALAKKAD.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT(S)/RESPONDNETS/COMPLAINANT AND STATE:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 2306-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1583 of 2015 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A: TRUE COPY OF THE F.I.R.NO.530 OF 2014 OF KOLLENGODE POLICE STATION, PALAKKAD DISTRICT.

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ANNEXURE B: TRUE COPY OF THE MONDY LENDING LICENCE NO.32090349532 DATED 14.5.2014.

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ANNEXURE C: TRUE COPY OF THE STATEMENT DATED 20.5.2014 GIVEN BY CWS 7.

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ANNEXURE C(A): TRUE COPY OF THE STATEMENT DATED 20.5.2014 GIVEN BY CWS.8.

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ANNEXURE C(B): TRUE COPY OF THE STATEMENT DATED 20.5.2014 GIVEN BY CWS 9. ANNEXURE C(C): TRUE COPY OF THE STATEMENT DATED 20.5.2014 GIVEN BY CWS 10.

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ANNEXURE C(D): TRUE COPY OF THE STATEMENT DATED 20.5.2014 GIVEN BY CWS 11.

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ANNEXURE D: TRUE COPY OF THE FINAL REPORT IN CRIME NO.530/2014 OF KOLLENGODE POLICE STATION.

/TRUE COPY/

P.A. TO JUDGE.

sl.

RAJA VIJAYARAGHAVAN.V., J

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Crl.M.C. No. 1583 of 2015

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- - - - Dated 23^rd June, 2016

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ORDER

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1.The petitioner is the sole accused in C.C.No.1175 of 2014 on the files of the Judicial Magistrate of 1^st Class, Chittur. He is proceeded against for having committed offences punishable under Sections 3, 6 and 7 read with Section 17 of the Money Lenders Act, 1958 (hereinafter referred to as the “Act”) and Section 3 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012.

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2.The prosecution allegation is that the petitioner, who was running a business in the name and style as 'Pallavoor K.K. Financiers', was involved in money lending business and has realised exorbitant interest without displaying the name board of the said institution.

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3.The learned counsel appearing for the petitioner submits that the allegation that he is not having money lending licence is absolutely incorrect. Reliance is placed on Annexure B which is the copy of the money lending licence

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Crl.M.C. No.1583 of 2015 -2-

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in Form No.B issued by the Inspecting Assistant Commissioner, IAC Office Chittur. The learned counsel also points out that in Annexure D final report it has been stated in unequivocal terms that the petitioner is having a licence under the Act.

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4.That being the state of affairs, the penal provisions under Section 17 of the Act will not be attracted to the instant case. It is held so. However, it appears that there is violation of the conditions contained in Section 6 of the Act which can invite consequences under Section 18 of the Act.

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5.In so far as the allegation under Section 3 of Kerala Prohibition of Charging Exorbitant Interest Act, 2012 is concerned, those are matters to be considered by the trial court on the merits of the case.

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This petition is disposed off with the above directions.

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Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE

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kp/-24.6.16

Kumaran v. State of Kerala

Case brief

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What did the court decide?

Kumaran v. State of Kerala

Case brief

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