The High Court of Kerala held that a single instance of lending without a license does not constitute money lending under Section 17 of the Kerala Money Lenders Act. Consequently, criminal proceedings against the accused were quashed.
Criminal M.C. No. 341 of 2018 allowed; all further proceedings in C.C. No. 16/2016 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 B.KEMAL PASHA
MONDAY, THE 29TH DAY OF JANUARY 2018 / 9TH MAGHA, 1939
Crl.MC.No. 341 of 2018
CC 16/2016 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. CRIME NO.2322/2014 OF ERNAKULAM NORTH POLICE STATION, ERNAKULAM.
PETITIONER/ACCUSED:
M.K.ANIL KUMAR, AGED 43 YEARS, S/O. KUNJAPPAN, MUKKOTTIL HOUSE, VADUTHALA, CHERANELLOOR VILLAGE, ERNAKULAM.
BY ADV.SRI.GEORGE SEBASTIAN
RESPONDENT(S)/DE FACTO COMPLAINANT & STATE:
1. ELJOVE C CHUMMAR, AGED 33 YEARS, S/O. CHUMMAR, CHERUVATHOOR HOUSE, AYYAPPANKAVU, KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 018.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R1 BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 341 of 2018 ()
APPENDIX
PETITIONERS' ANNEXURES:
| ANNEXURE A |
A CERTIFIED COPY OF THE FIR IN CRIME NO. 2322/14 OF ERNAKULAM TOWN NORTH POLICE STATION. |
|---|---|
| ANNEXURE B |
A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 2322/14 OF ERNAKULAM TOWN NORTH POLICE STATION. |
| ANNEXURE C |
A TRUE COPY OF THE APPLICATION DATED 03.02.2016 SUBMITTED BY BABU KUTTIKKADAN, WHO IS A WITNESS IN ANNEXURE B. |
| ANNEXURE D |
A TRUE COPY OF THE FIR IN CRIME NO. 357/2015 OF ERNAKULAM TOWN NORTH POLICE STATION. |
| ANNEXURE E |
A TRUE COPY OF FIR IN CRIME NO. 1898/2013 OF ERNAKULAM CENTRAL POLICE STATION. |
| ANNEXURE F |
A TRUE COPY OF THE FIR IN CRIME NO. 2185/2014 OF CENTRAL POLICE STATION ERNAKULAM. |
| ANNEXURE G |
A TRUE COPY OF THE FIR IN CRIME NO. 2628/2014 OF CENTRAL POLICE STATION ERNAKULAM. |
| **RESPONDENTS' ** | ANNEXURES : NIL |
/TRUE COPY/
P.S.TO JUDGE
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B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 341 of 2018
............................................................... Dated this the 29th day of January, 2018
O R D E R
The petitioner is the accused in C.C.No.16/2016 of the Additional Chief Judicial Magistrate's Court, Ernakulam, on the basis of Annexure B final report in Crime No.2322/2014 of the Ernakulam Town North Police Station, for the offence punishable under Section 17 of the Kerala Money Lenders Act.
CRL.M.C.No. 341 of 2018
-: 2 :-
of lending of an amount to a person cannot make the petitioner a money lender. There is no other complaints against the petitioner. Matters being so, all further proceedings in C.C.No.16/2016 of the Additional Chief Judicial Magistrate's Court, Ernakulam, as against the petitioners, based on Annexure B Final Report in Crime No.2322/2014 of the Ernakulam Town North Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.16/2016 of the Additional Chief Judicial Magistrate's Court, Ernakulam, as against the petitioners, based on Annexure B Final Report in Crime No.2322/2014 of the Ernakulam Town North Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy]
P.S. to Judge.
2 issues framed by the court
Whether a solitary instance of lending an amount makes an individual a money lender.
Whether proceedings under Section 17 of the Kerala Money Lenders Act can be quashed in the absence of multiple complaints or licensing.
1 provisions across 1 enactments
M.K.Anil Kumar
Eljove C Chummar
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
