MUHAMMED BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 12th day of March 2020 The petitioners are accused in C.C.No.821/2015 on the files of the Chief Judicial Magistrate's Court, Palakkad, for having allegedly committed the offences punishable under Sections 17, 18A(6a), 3 and 13 of the Kerala Money Lenders Act, 1958 (for short "Money Lenders Act") and Section 3 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012 (for short "Interest Act"). The defacto complainant is the 2nd respondent herein.

(2.) The facts can be encapsulated as follows: The 2nd respondent allegedly borrowed a sum of Rs.Ten lakhs from the petitioner for personal use and towards discharge of the said liability, issued a cheque for the said amount on 24.10.2010 drawn on the ICICI Bank, Palakkad. On being presented, the cheque was dishonoured for want of sufficient fund, in consequence of which the petitioner filed C.C.No.362/2011 before the Chief Judicial Crl.M.C.No.2729 of 2017 Magistrate's Court, Palakkad, which is at Annexure A1. The 2nd respondent appeared in that case to defend herself and subsequently when there was an Operation Kubera Drive in 2014, the 2nd respondent filed a complaint, in consequence of which Annexure A2 F.I.R. was registered against the petitioner for the aforesaid offences. C.C.No.362/2011, however, ended up in acquittal of the 2nd respondent.

(3.) The question that arises here is whether the offences under the Sections of the Money Lenders Act and Interest Act would be attracted in this case.