SOMASUNDARAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is filed against the order framing charges against the petitioner. The petitioner and another were charge-sheeted, alleging offences punishable under Sec. 420 read with Sec. 34 of the Indian Penal Code, 1860 (for short IPC), and also under Ss. 13 and 17 of the Kerala Money Lenders Act, 1958. It is a case arising from Crime No.884/2011 of Ernakulam Town North Police Station.

(2.) The crux of the allegation in the charge sheet is that the petitioner, with an intention to collect exorbitant interest, without a license, conducted 'SARO Finance Company' and collected cheques and stamp papers from the customers. Originally, the case was charge sheeted under Ss. 13 and 17 of the Kerala Money Lenders Act, 1958. Subsequently, the police conducted further enquiries and submitted a supplementary charge sheet alleging an offence under Sec. 420 IPC. The petitioner and another earlier approached this Court to quash the proceedings, as Crl. M.C. No.8883/2019. This Court, as per Annexure-II judgment, allowed the petitioner to file a discharge petition in absentia. The second accused in the case was already discharged, as evidenced by the Annexure-I order. The petitioner was unable to file a discharge petition because the charge had already been framed at that stage. The petitioner is challenging the order framing the charge. Hence, this revision petition.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.