MANOJ GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1 to 3 in Crime No.3099/2017 of Aluva East Police Station, which is now pending as C.C.No.1797/2017 on the files of the Judicial First Class Magistrate Court-I, Aluva, seek quashment of the above proceedings on the ground that they are absolutely innocent of the allegations.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor, in detail. Though notice served to the 2nd respondent, no appearance.

(3.) In a nutshell, the allegation of the prosecution is that the accused herein committed offences punishable under Ss. 447 and 506(i) r/w Sec. 34 of the Indian Penal Code, 1860 (for short, 'the IPC' hereinafter) as well as under Ss. 17 and 18 of the Kerala Money-Lenders Act, 1958 (for short, 'the Act, 1958' hereinafter) and Sec. 3 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012 (for short, 'the Act, 2012). The sum and substance of the allegation is that, the 1st accused, who did not have any licence under the Act, 1958, gave Rs.6.00 Lakh to the de facto complainant and her husband on undertaking to pay Rs.36,000.00 towards interest for the said sum after obtaining blank cheque leaves of the de facto complainant and her husband. Thereafter, on 1/10/2016, the 3 rd accused threatened the husband of the de facto complainant over phone that case would be filed against them, if Rs.3.00 Lakh with interest would not be repaid. Later, at 11.00 hrs. on 14/6/2017, the 1st accused went to the house of the de facto complainant and threatened them and demanded repayment of Rs.3.00 Lakh with interest.