RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused Nos.1 to 3 in CC No.235/2017 on the files of the Judicial First Class Magistrate Court-I, Perinthalmanna, for having allegedly committed offences punishable under Section 420 r/w 34 of IPC and Section 3, 7 and 17 of the Kerala Money Lenders Act Kerala 1958 and Section 4 of Prohibition of Charging Exorbitant Interest Act, 2003.

(2.) The defacto complainant is the third respondent, who had allegedly borrowed an amount from the petitioners in the year 2000. According to him, the money could not be repaid in consequent to which there was a sale of two properties belonging to him in the year 2003. There was a mistake in 2003 document which was rectified by executing another document in the year 2004. Another deed was executed by his wife in 2005. Thereafter the defacto complainant filed a complaint on 04/07/2015 alleging that the petitioner is a money lender and had coerced him and his wife to execute documents of sale in his favor to realise the amount due to him after charging exorbitant interest and is conducting a money lending business without proper licence. In consequent to which, FIR was registered as Crime No.876/2015 and after investigation the final report filed which is at Annexure I.

(3.) The learned counsel appearing for the petitioners would argue that, the defacto complainant and his wife had filed a suit as OS No.173/2012 before the Munsiff Court, Perinthalmanna for an injunction and the petitioners had filed OS Nos.153/2012 and 154/2012 for a counter injunction. The suits were actually decreed in favor of the petitioners. There is also an appeal pending as AS No.19/2017 before the Sub Court, Manjeri, challenging the decree in OS No.173/2012. There is also an appeal pending challenging the OS No.154/2012 as AS No.6/2017 before the Sub Court, Manjeri.