HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.396/2016 on the files of the Judicial First Class Magistrate Court-II, Mavelikkara, a case relating to the commission of offence under Sec. 420 of the Indian Penal Code, 1860, Sec. 3 read with Sec. 17 of the Kerala Money-Lenders Act, 1958, and Sec. 9 (a) of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012. He seeks to quash the proceedings in the said case stating the reason that the offence alleged are not attracted in the facts and circumstances of the case.

(2.) The prosecution case is that the petitioner, who was having no licence or other authority for money lending, advanced a loan of Rs.3,00,000.00 to the second respondent for exorbitant interest after procuring four signed blank cheque leaves, a signed blank paper affixed with revenue stamp and the land tax receipt of the immovable property of the second respondent, and gained unjust enrichment by encashing an amount of Rs.4,00,000.00 by misusing one of the signed blank cheques obtained from the second respondent, even after the repayment of an amount of Rs.1,50,000.00 out of the principal amount.

(3.) The case has been registered by the Sub Inspector of Police, Nooranadu, on the basis of the First Information Statement given by the second respondent. During the course of investigation, the SI of Police, Nooranadu, recovered the cheque leaf allegedly misused by the petitioner for drawing the amount of Rs.4,00,000.00 from the account of the second respondent. The necessary bank statements showing the transaction in the above regard were also collected by the Investigating Officer and produced before the Magistrate. After the completion of the investigation, a final report has been laid in respect of the commission of the above said crime by the petitioner.