SHIVANAND SHAMBULINGAYYA HIREMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Being aggrieved by registering of case in Crime No.31/2017 for the offences punishable under Sec. 3 and 4 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 (for short "Prohibition of Charging Exorbitant Interest Act") and Sec. 37 and 38 of the Karnataka Money Lenders Act, 1961 (for short "Money Lenders Act"), at the instance of trial Court in O.S.No.70/2016 on the file of the Civil Judge and JMFC, Banahatti while disposing of the said suit, petitioner, who is arraigned as accused has filed this petition under Sec. 482 of Cr.P.C.

(2.) It is the case of the petitioner that his friend Imtiyaz Suleman Lengre borrowed Rs.25,000.00 from him. When he failed to repay the same, he filed a suit in O.S.No.70/2016 for recovery of the same. Though the Trial Court decreed the suit to pay a sum of Rs.25,000.00 with interest @6% per annum, it directed the SHO, Terdal Police Station, to register a criminal case against the petitioner under the provisions of Money Lenders Act and Prohibition of Charging Exorbitant Interest Act and to submit a report. On the said direction, the SHO Terdal has registered the case in Crime No.31/2017 for the offences punishable under Sec. 3 and 4 of the Prohibition of Charging Exorbitant Interest Act and Sec. 37 and 38 of the Money Lenders Act. In fact, against the said judgment and decree in O.S.No.70/2016, petitioner has filed R.A.No.7/2017 and obtained stay order.

(3.) The respondent has appeared through HCGP.