VIMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) A prosecution under S. 18 of the Kerala Money Lenders Act, 1958 is sought to be quashed under S. 482 of the Crl.P.C. The crime in this case was registered suo motu by the police on the basis of seizure of some cheques from the possession of the petitioner herein. The grievance of the petitioner is that these cheques were not, in fact, received by him in money lending business. He seeks orders quashing the prosecution on the ground that such a prosecution will be a sheer abuse of legal process. On a perusal of the entire prosecution records including the F.I.R. and the final report, I find that the prosecution does not have any material to show that the petitioner herein was found involving in any money lending business. What is made punishable under the Kerala Money Lenders Act is involvement in money lending business. Thus, the prosecution will have to prove some sort of business in money lending for a successful prosecution. The mere fact that the accused was found in possession of some cheque leaves or some other documents will not prove a business transaction. Lending money to a person under one or more documents will not by itself constitute the offence of unauthorised money lending meant under the Kerala Money Lenders Act. Pending the proceedings, I directed the police to report whether any other material or document, than those seized by the police at the first instance were seized or recovered during investigation. The report is nil. This means that the dispute between the maker of the negotiable instruments and the petitioner herein is purely personal in nature. This dispute does not involve any public interest or public issue to attract the penal provisions of the Kerala Money Lenders Act. Maker of the negotiable instruments has now come to terms with the accused amicably, and has filed affidavit to the effect that he has no complaint or grievance. In the above circumstances, I find that this prosecution will be sheer abuse of legal process. No doubt, the prosecution cannot reach anywhere with the materials at hand. In the above situation, the prosecution can be quashed to save the precise time of the Court. In the result, the petition is allowed. The prosecution against the petitioner in S.T. No. 1466/2013 of the Judicial First class Magistrate Court-I, Cherthala, will stand quashed under S. 482 of the Criminal Procedure Code. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.