Allowed

Vimal Kumar v. Rajesh I.N.

Kerala HC13 Sept 2018Crl.MC/2759/2018

Case brief

AI extract

What is this about?

The High Court at Ernakulam, addressing a petition under Section 482 Cr.P.C., quashed proceedings under Section 17 of the Kerala Money Lenders Act. The court ruled that a single loan transaction decided between the parties did not amount to conducting a money-lending business, warranting the quash of the case.

What did the court decide?

Procedings in C.C.No.1091 of 2016 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam are quashed.

Vimal Kumar Vs Rajesh I.N. — Contract and Commercial Disputes | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

THURSDAY ,THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940

¶5

Crl.MC.No. 2759 of 2018

¶6

AGAINST THE ORDER/JUDGMENT IN CC 1091/2016 of ADDL.C.J.M., ERNAKULAM

¶7

CRIME NO. 915/2014 OF Ernakulam North Police Station , Ernakulam

¶8

PETITIONER/S:

¶9

1 VIMAL KUMAR S/O.BHASKARAN NAIR, AGED 50, SINDHU NILAYAM, AZAD ROAD,KALOOR P.O, PIN - 682 017.

¶10

2 PEETHAMBARAN S/O. DAMODARAN NAIR, AGED 54, PATTUPURAKKAL VEEDU,ASHOKA ROAD, KALOOR P.O, PIN - 682 017.

¶11

3 MUHAMMADALI S/O. ABOOBACKER, AGED 53, KOLPARAMBIL HOUSE, KALOOR P.O, PIN 682 017.

¶12

BY ADV. SRI.S.R.SREEJITH

¶13

RESPONDENT/S:

¶14

1 RAJESH I.N. S/O.NARAYANAN NAIR, AGED 48, MANGATTU VEETTIL, ILLATHUPARAMBU BHAGAM, S.R.M. ROAD, THRIKKANARVATTOM KARA,ERNAKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 018.

¶15

2 STATE OF KERALA THROUGH THE S.I OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031.

¶16

BY ADV. SRI.SAKIR.K.H.

¶17

SRI ALEX M THOMBRA SR PP

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

Crl.MC.No. 2759 of 2018 2

¶20

ORDER

¶21

Petition filed under Section 482 Cr.P.C.

¶22

Petitioners are the accused in C.C.No.1091 of

¶23

2016 on the file of the Additional Chief Judicial

¶24

Magistrate Court, Ernakulam. They are alleged to have committed the offence under Section 17 of the Kerala Money Lenders Act. The allegation is that they conducted money lending business without obtaining licence under the Act. The proceedings are sought to be quashed on the ground that the matter has beren settled between them and the first respondent, who is the victim.

¶25

Heard the learned counsel for the petitioners and the first respondent and the learned Public Prosecutor.

¶26

I have perused the affidavit filed by the

¶27

first respondent, who has entered appearance through counsel. I have also perused Annexure-A1 final report. Going by the prosecution case the petitioners gave

¶28

loan only to the first respondent. There was only one transaction. It cannot be said that the petitioners

¶29

Crl.MC.No. 2759 of 2018 3

¶30

were doing money lending business merely because they

¶31

gave a loan to the first respondent. For this reason, the proceedings are liable to be quashed.

¶32

In the result, this Crl.M.C is allowed. The proceedings in C.C.No.1091 of 2016 on the file of the Additiional Chief Judicial Magistrate Court, Ernakulam are quashed.

¶33

Sd/-

¶34

K.ABRAHAM MATHEW JUDGE

¶35

¶36

Crl.MC.No. 2759 of 2018 4

¶37

APPENDIX

¶38

PETITIONER'S/S EXHIBITS:

¶39

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.915/2014 OF ERNAKULAM TOWN NORTH POLICE STATION.

¶40

ANNEXURE A2 AFFIDAVIT DATED 18.04.2018 SWORN TO BY THE 1ST RESPONDENT BEFORE NOTARY PUBLIC, FOR PRODUCING BEFORE THE HONOURABLE COURT.

¶41

RESPONDENTS' EXHIBITS: NIL

¶42

// TRUE COPY// PA TO JUDGE

Vimal Kumar v. Rajesh I.N.

Case brief

What is this about?

What did the court decide?

Vimal Kumar v. Rajesh I.N.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jerin James Vs State of Kerala

Teddy George Vs State of Kerala

Jose Varghese Vs State of Kerala

Adarsh George Vs State of Kerala

Sreeraj Alies Kuttan Vs the Sub Inspector of Police

Aji Vs State of Kerala