SASIDHARAN Vs. SUB INSPECTOR

JUDGEMENT

(1.) Petitioner is aggrieved by the proceedings initiated in C.C.No.1275/2015 on the files of the Judicial First Class Magistrate Court, Thodupuzha, alleging offences punishable under Ss. 420, 506(1) r/w Sec. 34 of the Indian Penal Code, 1860, and Sec. 17 of the Kerala Money Lenders Act (for short the Act).

(2.) According to the prosecution, the accused had without any license or permission and with intent to cheat the defacto complainant had on 29/12/2013, lend an amount of Rs.12,00,000.00 and obtained signed stamp papers and thereafter failed to return the amount and thereby committed the offences alleged against him.

(3.) Smt.R.Ranjanie, the learned counsel for the petitioner, argued that the entire prosecution against the petitioner is without any authority and is liable to be quashed. According to her, even if the allegations are assumed to be true, still the offences under the Act or those under Sec. 420 or Sec. 34 IPC are made out and therefore, the complaint being one initiated with malafides, is liable to be quashed.