TULASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners herein have sought for quashing of the entire proceedings in Crime No.178/2015 for the offence punishable under Sections 420 , 109 , 504 , 506 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC ', for brevity) and Section 4 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 (hereinafter referred to as 'the KPCEI Act', for brevity), of the 1st respondent Police Station and which is said to be pending on the file of the learned Principal Civil Judge and JMFC, Gangavathi (hereinafter referred to as 'the trial Court', for brevity). The second respondent herein is the complainant/1st informant of the alleged crime.

(2.) The summary of the case of the complainant before the 1st respondent is that, he had availed a loan of Rs. 1,50,000/- from the petitioner herein in the year 2013 for his agricultural activity, agreeing to repay the same along with interest at the rate of 3%. At the time of giving the loan, the petitioner No.1 (accused No.1) had taken from him 7 blank cheques duly signed by the drawer, 10 promissory notes, 4 duly signed blank stamp papers and 2 sale deeds. According to the complainant, he has been paying the interest of Rs. 6,000/- every month and thus, he has paid interest of Rs. 2,00,000/- till the date of his complaint. Despite the same, petitioner No.1 (accused No.1) was demanding a sum of Rs. 8,00,000/- as the alleged outstanding due towards the loan amount.

(3.) The respondents are being represented by their counsel.