Allowed

Joshy v. State of Kerala

Kerala HC20 Oct 2020Crl.MC/2609/2017

Case brief

AI extract

What is this about?

The High Court of Kerala qua shed a final report under Section 420 IPC and Section 17 of the Kerala Money Lenders Act. The court held the registration was a high-handed act lacking a complainant for the IPC offence. Regarding the Money Lenders Act, mere possession of cheques seized during a raid did not constitute an offence without a specific allegation of violation by the cheque drawers.

What did the court decide?

The final report under Section 420 IPC and Section 17 of Kerala Money Lenders Act, 2015 is quashed.

Joshy Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2020)

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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 P.SOMARAJAN

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TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942

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Crl.MC.No.2609 OF 2017

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AGAINST THE ORDER/JUDGMENT IN CC 564/2014 OF JUDICIAL FIRST CLASS MAGIST. COURT, CHOTTANIKKARA(TEMPORARY)

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CRIME NO.446/2014 OF CHOTTANIKKARA POLICE STATION , Ernakulam

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PETITIONER/ACCUSED:

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JOSHY S/O. KOSHY, AGED 73, NAMAKATT HOUSE, KANDANAD KARA, ERNAKULAM DISTRICT.

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BY ADVS. SRI. VIJU ABRAHAM SRI. ALBERT V. JOHN SRI. JAISHANKAR V. NAIR SMT. ROSHNI MANUEL

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031.

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SRI. E. C. BINEESH, PP.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.2609 OF 2017

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ORDER

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The sole accused came up to quash the final report Annexure A2 registered under Section 420 I.P.C and Section 17 of Money Lenders Act, 2015. A raid was conducted at the residence of accused in connection with Kubera Operation, 2014 and two cheques belonged to two other persons seized from the house of the accused.

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The crime was registered on the allegation

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of Section 420 I.P.C without any complaint or information from any person. In fact, there is no complainant or defacto complainant with respect to the crime registered on the allegation of offence punishable under Section 420 I.P.C, that too, without receiving any information in that behalf. It really amounts to a high-handed act and the accused unnecessarily dragged into the crime.

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In so far as Section 17 of the Kerala Money

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Lenders Act is concerned, mere keeping of two cheques

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Crl.MC.No.2609 OF 2017

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belonged to two other persons will not constitute the offence unless there is specific allegation by the person who had given the above said two cheques regarding the conduct of money lending business without licence or in violation of licence, if any granted. Keeping of two cheques which are negotiable itself will not constitute the offence under Section 17 of the Kerala Money Lenders Act, especially when there is no complaint from the person who had drawn the cheque. This kind of high-handed act of the Police under the guise of Kubera Operation, that too, in violation of the very concept of negotiable instrument and its user would result in miscarriage of justice, hence cannot be sustained. It is really an abuse of the process of Court, hence the final report is quashed.

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Crl.M.C. is allowed accordingly.

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Sd/-

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P.SOMARAJAN JUDGE

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SPR

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Crl.MC.No.2609 OF 2017

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APPENDIX

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PETITIONER'S/S E	XHIBITS:
ANNEXURE A1:	CERTIFIED	COPY OF FIR IN CR.NO.446 OF
	2014.
ANNEXURE A2:	CERTIFIED	COPY OF FINAL REPORT IN CC
	NO.564 OF	2014.

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RESPONDENT'S/S EXHIBITS: NIL.

Joshy v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joshy v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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