Sudha v. State of Kerala
Case brief
What is this about?
The High Court quashed the FIR and further proceedings alleging cheque dishonour and money lending. It held that absent a money-lending business, the liability is civil, and no offence is made out.
What did the court decide?
The FIR and further proceedings are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
Crl.MC.No.3553 OF 2020(D)
CRIME NO.723/2020 OF ETTUMANOOR POLICE STATION, KOTTAYAM
PETITIONERS/ACCUSED Nos.1 AND 2:
1 SUDHA, AGED 53 YEARS, W/o RADHAKRISHNAN, SIVA KRIPA, KIZHAKKUMBHAGOM, ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN-686 631.
2 SUMITHA, AGED 41 YEARS, W/o ANILKUMAR, CHEMPILOTT HOUSE, ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN-686 631.
BY ADVS.SRI.P.N.SUKUMARAN
SRI.AKHIL S.VISHNU
Issues for consideration
2 issues framed by the court
Whether the allegations attract offences under Section 420 IPC and Section 17 of the Kerala Money Lenders Act.
Whether the FIR and proceedings are liable to be quashed under Section 482 Cr.P.C.
Parties & counsel
- petitioner
Sudha
- petitioner
Sumitha
- respondent
State of Kerala
- respondent
Sub Inspector of Police
- respondent
Maya Prasad
Case details
As recorded by the court registry
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