The High Court of Kerala, in two criminal miscellanous cases arising from alleged moneylending offences, quashed the proceedings. The court held that the transaction was purely civil in nature, evidenced by a court decree in favour of the accused, and the criminal registration was an abuse of process.
The crime and further proceedings are hereby 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 P.SOMARAJAN
FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942
Crl.MC.No.7572 OF 2017
CC 140/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPALAM
CRIME NO.350/2014 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD
PETITIONER/2nd ACCUSED:
KRISHNAKUMAR, S/o NATARAJAN, AGED 40 YEARS, MUTHUMARIYAMMAN STREET, SUBRAMANIAPURAM, PATTIKKARA, PALAKKAD.
BY ADV. SRI.P. P.GOPALAKRISHNAN
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
2 SIVASANKARAN, S/o NARAYANATHARAKAN, AGED 56 YEARS, KAPPILI VEEDU, AZHIYANNUR, PALAKKAD TALUK AND DISTRICT - 678 001.
R2 BY ADV. SRI.P.JAYARAM R1 BY PUBLIC PROSECUTOR SMT.M.N.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13.11.2020 ALONG WITH Crl.MC.7755/2016. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.7572/2017 & 7755/2016
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942
Crl.MC.No.7755 OF 2016
CC 140/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPALAM
CRIME NO.350/2014 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD
PETITIONER/1st ACCUSED:
KUTTISANKARA GUPTAN, AGED 69 YEARS, S/o APPU GUPTAN, VALAPPILTHODI HOUSE, VAYILLAMKUNNU, KADAMPAZHIPURAM AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT-678 633.
BY ADV. SRI.RAJESH SIVARAMANKUTTY
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 SIVASANKARAN, S/o NARAYANATHARAKAN, AGED 56 YEARS, KAPPILI VEEDU, AZHIYANNUR, PALAKKAD TALUK AND DISTRICT.
R2 BY ADV. SRI.P.JAYARAM R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13.11.2020 ALONG WITH Crl.MC.7572/2017. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.7572/2017 & 7755/2016
3
ORDER
The crime was registered under Section 3 r/w Section 17
of the Kerala Money Lenders Act and Section 3 r/w Section 9(a) of Kerala Prohibition of Charging Exorbitant Interest Act. It is contended by the accused that the transaction is purely of civil nature and the suit instituted by him for the recovery of the amount alleged to have been borrowed was decreed in his favour. It is after the lapse of four months from the date of the said decree, a complaint was foisted before the Superintendent of Police and caused to forward the same to the Station House Officer which has resulted in the registration of crime.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.Nos.7572/2017 & 7755/2016
4
APPENDIX OF Crl.MC 7572/2017
PETITIONER'S ANNEXURES:
| ANNEXURE A | CERTIFIED COPY OF THE COMPLAINT DATED 15-5-2014 SUBMITTED BY 2ND RESPONDENT TO DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. |
|---|---|
| ANNEXURE B | CERTIFIED COPY OF THE FIR IN CRIME NO 350/2014 OF SREEKRISHNAPURAM POLICE STATION. |
| ANNEXURE C | CERTIFIED COPY OF THE FINAL REPORT TAKEN ON FILE AS C.C NO.140/2016 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE, OTTAPALAM. |
| ANNEXURE D | TRUE COPY OF THE PRIVATE COMPLAINT TAKEN ON FILE AS C.M.P NO.3340/2011 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM FILED BY THE 2ND RESPONDENT AGAINST THE PETITIONER AND ANOTHER. |
| ANNEXURE E | TRUE COPY OF FIR IN CRIME NO.238/2011 OF SREEKRISHNAPURAM POLICE STATION. |
| ANNEXURE F | TRUE COPY OF THE FINAL REPORT IN CRIME NO.238/2011 FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE, OTTAPALAM DISCLOSING THE ALLEGATIONS TO BE OF CIVIL NATURE. |
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
Crl.M.C.Nos.7572/2017 & 7755/2016
5
APPENDIX OF Crl.MC 7755/2016
PETITIONER'S ANNEXURES:
| ANNEXURE | A CERTIFIED COPY OF THE COMPLAINT DATED 15.5.2014 SUBMITTED BY 2ND RESPONDENT TO DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD |
|---|---|
| ANNEXURE | B CERTIFIED COPY OF THE FIR IN CRIME NO.350/2014 OF SREEKRISHNAPURAM POLICE STATION |
| ANNEXURE | C CERTIFIED COPY OF THE FINAL REPORT TAKEN ON FILE AS CC NO.140/2016 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE, OTTAPALAM. |
| ANNEXURE | D TRUE COPY OF THE DECREE IN OS NO.210/2011 DATED 21.1.2014 PASSED BY THE SUBORDINATE JUDGE'S COURT, OTTAPALAM |
| ANNEXURE | E TRUE COPY OF DECREE IN OS NO.436/2011 PASSED BY THE MUNSIFF COURT, OTTAPALAM |
| ANNEXURE | F TRUE COPY OF THE PRIVATE COMPLAINT TAKEN ON FILE AS CMP NO.3340/2011 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM, FILED BY THE 2ND RESPONDENT AGAINST THE PETITIONER AND ANOTHER |
| ANNEXURE | G TRUE COPY OF THE FINAL REPORT IN CRIME NO.238/2011 FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE, OTTAPALAM. |
| ANNEXURE | H TRUE COPIES OF THE LICENSE ISSUED TO THE PETITIONER AND RENEWED FROM TIME TO TIME AND HAVING VALIDITY TILL 31.3.2017 |
| RESPONDE | NTS' ANNEXURE: NIL |
// TRUE COPY // P.A. TO JUDGE
2 issues framed by the court
Whether criminal proceedings for moneylending offences should be quashed as they arise purely from a civil debt dispute.
Whether registering a crime after a civil court decree was granted in favour of the accused amounts to an abuse of court process.
2 provisions across 2 enactments
KRISHNAKUMAR
KUTTISANKARA GUPTAN
THE STATE OF KERALA
SIVASANKARAN
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
