Allowed

Kuttisankara Guptan v. the State of Kerala

Kerala HC13 Nov 2020Crl.MC/7755/2016

Case brief

AI extract

What is this about?

The High Court of Kerala quashed two criminal miscellaneous cases involving alleged offences under the Kerala Money Lenders Act and Interest Act. The court held that the dispute was purely civil, evidenced by a civil decree in the accused's favour, and the criminal registration was an abuse of court process. Both cases were allowed.

What did the court decide?

The crime and further proceedings in Crl.M.C.Nos.7572/2017 & 7755/2016 are quashed, and both cases are allowed accordingly.

Kuttisankara Guptan Vs the State of Kerala — Money Laundering | 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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FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942

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Crl.MC.No.7572 OF 2017

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CC 140/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPALAM

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CRIME NO.350/2014 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD

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PETITIONER/2nd ACCUSED:

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KRISHNAKUMAR, S/o NATARAJAN, AGED 40 YEARS, MUTHUMARIYAMMAN STREET, SUBRAMANIAPURAM, PATTIKKARA, PALAKKAD.

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BY ADV. SRI.P. P.GOPALAKRISHNAN

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

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2 SIVASANKARAN, S/o NARAYANATHARAKAN, AGED 56 YEARS, KAPPILI VEEDU, AZHIYANNUR, PALAKKAD TALUK AND DISTRICT - 678 001.

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R2 BY ADV. SRI.P.JAYARAM R1 BY PUBLIC PROSECUTOR SMT.M.N.MAYA

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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:

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Crl.M.C.Nos.7572/2017 & 7755/2016

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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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FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942

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Crl.MC.No.7755 OF 2016

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CC 140/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPALAM

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CRIME NO.350/2014 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD

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PETITIONER/1st ACCUSED:

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KUTTISANKARA GUPTAN, AGED 69 YEARS, S/o APPU GUPTAN, VALAPPILTHODI HOUSE, VAYILLAMKUNNU, KADAMPAZHIPURAM AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT-678 633.

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BY ADV. SRI.RAJESH SIVARAMANKUTTY

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 SIVASANKARAN, S/o NARAYANATHARAKAN, AGED 56 YEARS, KAPPILI VEEDU, AZHIYANNUR, PALAKKAD TALUK AND DISTRICT.

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R2 BY ADV. SRI.P.JAYARAM R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH

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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:

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Crl.M.C.Nos.7572/2017 & 7755/2016

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ORDER

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The crime was registered under Section 3 r/w Section 17

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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.

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What is involved is purely a civil dispute. A decree was granted by the civil court in favour of accused based on the alleged transaction. It is after that decree, as a counterblast, criminal liability was extended by registering a crime for the said offence, that too, without satisfying the ingredients which would attract the alleged offence. It is absolutely an abuse of the process of court. Hence the crime and further proceedings are hereby quashed. Both the Crl.M.Cs. are allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Crl.M.C.Nos.7572/2017 & 7755/2016

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APPENDIX OF Crl.MC 7572/2017

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PETITIONER'S ANNEXURES:

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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.

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RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

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Crl.M.C.Nos.7572/2017 & 7755/2016

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APPENDIX OF Crl.MC 7755/2016

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PETITIONER'S ANNEXURES:

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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

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// TRUE COPY // P.A. TO JUDGE

Kuttisankara Guptan v. the State of Kerala

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Kuttisankara Guptan v. the State of Kerala

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