GIREESH KUMAR.G Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE applications arise from Crime No.1640 of 2014 of the Karunagapally Police Station and Crime No.703 of 2014 of Eravipuram Police Station, both for the offences punishable under Sections 13 of the Kerala Money Lenders Act (for short 'Act'), Section 420 and Section 511 of Section 468 of the Indian Penal Code. The petitioners who are Managers of the respective Branches of M/s. Sundaram Finance Limited (for short 'Company') apprehend arrest.

(2.) APPLICATIONS are opposed by the learned Public Prosecutor. It is submitted that the respective Police conducted search in the branch offices of the aforesaid Company and seized several documents which include signed blank cheques and cheque leaves which mentioned the amount but which are not signed by the drawers.

(3.) LEARNED Senior Advocate has submitted that the Company is registered under Section 45 -IA of the RBI Act as a non -banking Company and as such does not require registration or licence under the Act. The question was raised in several writ petitions in this Court which went against the Company. The appeals arising therefrom were dismissed. Now the matter is pending consideration before the Supreme Court which has directed the parties to maintain status quo. According to the learned Senior Advocate, in view of that, registration of the case for the offence under the Act itself is not warranted. It is further argued that so far as allegation of cheating and alleged attempt to commit forgery is concerned, not even a single customer has made any such complaint.