JAYACHANDRAKURUP Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the sole accused in Crime No. 859/2014 of Sooranadu Police Station, Kollam registered for the offences under Section 420 IPC and Section 17 read with Rule 3 of the Money Lenders Act, 1958 approached this court with this petition to invoke the inherent jurisdiction to quash the FIR.

(2.) The prosecution case is that on 5.2.2008 the de facto complainant had borrowed an amount of Rs. 50,000/- from this petitioner agreeing to repay the same with interest. At the time of availing the loan, this petitioner had received a blank cheque as well some signed blank papers as security for the loan. Though he repaid the entire amount on 06.06.2008, there was an illegal demand for a further sum of Rs. 15,000/-.When he refused to yield to his illegal demand, the cheque was presented, but it was dishonoured due to insufficiency of funds. Thereafter by misusing the cheque, he filed a Criminal case against him before the Judicial First Class Magistrate Court, Sasthamcotta and a civil suit before the Sub Court, Karunagapally. The petitioner had thus cheated the de facto complainant and committed the aforesaid offences.

(3.) Heard the learned counsel for the petitioner, the learned counsel for 2nd respondent and the learned Public Prosecutor.