Allowed

Bhuvanachandran v. State of Kerala

Kerala HC14 Sept 2018Crl.MC/4293/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous case concerned the quashing of criminal trial proceedings where the petitioner was alleged to have cheated borrowers while conducting an unlicensed money-lending business. The High Court quashed the proceedings, finding that the petitioner held a valid license during the relevant period and no cheating complaint was made.

What did the court decide?

Criminal proceedings under C.C No. 962 of 2018 are quashed. Trial court may dispose of material objects.

Bhuvanachandran Vs State of Kerala — Money Laundering | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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FRIDAY ,THE 14TH DAY OF SEPTEMBER 2018 / 23RD BHADRA, 1940

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Crl.MC.No. 4293 of 2018

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AGAINST THE ORDER/JUDGMENT IN CC 962/2018 of J.M.F.C.III,NEYYATTINKARA

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CRIME NO. 499/2017 OF Kanjiramkulam Police Station , Thiruvananthapuram

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PETITIONER/S:

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BHUVANACHANDRAN AGED 49 YEARS S/O.THANKAYYAN, PROPRIETOR,ROHINI FINANCE, VADAKKETHOTTOM BUNGLOW,PERUNTHANNI, KANJIRAMKULAM VILLAGE,THIRUVANANTHAPURAM.

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BY ADV. SRI.SHAJIN S.HAMEED

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KANJIRAMKULAM POLICE STATION,REPRESENTED THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.

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ALEX M THOMBRA SRPP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4293 of 2018

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O R D E R

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Petitioner is the accused in C.C No. 962 of 2018 on the file of the Judicial First Class Magistrate CourtIII, Neyyattinkara. He is alleged to have committed the offences under Section 420 IPC and Section 17 of the Kerala Money Lenders Act and “Exorbitant Interest Act”. The allegation is that he was conducting money lending business without a licence and he realised exorbitant interest from the borrowers and he thus cheated them. The proceedings in the trial has sought to be quashed on the ground that the petitioner was a licensed money lender and that the allegations are false.

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2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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3. Annexure-C is the original licence issued to the petitioner under the Kerala Money Lenders Act. It expired in March 2011. Thereafter, it was renewed every year. Annexure-D proves that he had licence for the year 2016-17 and Annexure-E for the year 2017-18 and AnnexureF for the year 2018-19. Thus during the relevant period, he was a licence holder. The case was registered suo-

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Crl.MC.No. 4293 of 2018

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motu. Nobody made a complaint that the petitioner cheated him. This is a fit case to quash the proceedings in the trial court.

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In the result, this Crl.M.C is allowed. The proceedings in C.C No. 962 of 2018 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

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Sd/-K ABRAHAM MATHEW, Judge

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lsn

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Crl.MC.No. 4293 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A	CERTIFIED NO.499/201	COP 7 O	Y OF THE FINAL REPORT IN CRIME F KANJIRAMKULAM POLICE STATION.
ANNEXURE B	PHOTOCOPY KANJIRAMKU	OF LAM	FIR IN CRIME NO.499/2017 OF POLICE STATION.
ANNEXURE C	PHOTOCOPY 11/KML ISS COMMISSION TAXES, NEY	OF UED ER, YAT	THE LICENSE NUMBER 888/2010- BY THE INSPECTING ASSISTANT DEPARTMENT OF COMMERCIAL TINKARA.
ANNEXURE D	PHOTOCOPY REGISTRATI ISSUED BY TAXES.	OF ON THE	THE E-CHALAN RECEIPT FOR RENEWAL FOR THE YEAR 2016-2017, DEPARTMENT OF COMMERCIAL
ANNEXURE E	PHOTOCOPY REGISTRATI ISSUED BY TAXES.	OF ON THE	THE E-CHALAN RECEIPT FOR RENEWAL FOR THE YEAR 2017-2018 DEPARTMENT OF COMMERCIAL
ANNEXURE F	PHOTOCOPY REGISTRATI ISSUED BY TAXES.	OF ON THE	THE E-CHALAN RECEIPT FOR RENEWAL FOR THE YEAR 2018- 2019 DEPARTMENT OF COMMERCIAL
ANNEXURE G	PHOTOCOPY CRL.M.C.NO COURT, PET	OF .33 ITI	THE ORDER DATED 08/06/2018 IN 37/2018 OF THIS HONOURABLE ON FOR INTERIM STAY.

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RESPONDENTS EXHIBITS : NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Bhuvanachandran v. State of Kerala

Case brief

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Bhuvanachandran v. State of Kerala

Case brief

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