P.G. KOSHY PANIKER Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

(2.) The petitioner is the 1st accused in Crime No.1827/2014 of Kundara Police Station. The offences alleged against the petitioner are punishable under Ss. 420, 120(B), 465, 468, 471 r/w 34 of IPC and under Sec. 3 r/w 17 of the Kerala Money Lenders Act.

(3.) The prosecution case in short is as follows: The de facto complainant availed a loan of Rs.1,00,000.00from a finance company run by the petitioner. At the time of said borrowal, the de facto complainant handed over four signed cheque leaves of her and a title deed of the property belonging to her parents as security. It is alleged that even though the entire loan amount with interest was repaid, the petitioner is still demanding Rs.3,50,000.00 and did not return the signed cheque leaves or the title deeds handed over to him. Besides using the signed cheque leaves, the petitioner instituted two false prosecution against the de facto complainant under Sec. 138 of the Negotiable Instruments Act. This is the sum and substance of the prosecution allegation against the petitioner.