HANMANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since the question involved in this petition is covered by several decisions of this Court, matter is taken up for final disposal with the consent of both the parties.

(2.) The learned counsel for petitioner contends that the Police have suomotu registered a case against the petitioner for offences punishable under Ss. 37,38,39 of Karnataka Money Lenders Act, 1961, Sec. Nos.3 and 4 of Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 and Sec. 420 of IPC., which is contrary to the decisions of this Court rendered in Crl.P. No.10038/2017 dtd. 16/4/2018, Crl.P.No.2107/2020 dtd. 22/6/2022 and in Crl.P.No.103640/2022 dtd. 25/11/2022, copies of the orders which are produced at Annexure-E, F and G respectively.

(3.) It is alleged that on 14/7/2016, at about 6 a.m., complainant namely PSI, Mudhol received a credible information that accused, who is a resident of Ballur R.C. has been involved in illegal money lending business and he is lending loan and charging exorbitant interest. The PSI along with other Police personnel conducted a raid on the house of the accused and seized 9 cheques and cash of Rs.61,000.00 and thereafter lodged an FIR, which was registered in Crime No.176/2015 of Mudhol Police Station for the above mentioned offences. On completion of investigation, charge sheet was also filed and the learned Magistrate has taken cognizance of the offences alleged.