REETHA ALLBIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.442/2015 of Ambalappuzha police station in Alappuzha District, for the offences punishable under Sections 420 and 471 of the Indian Penal Code (hereinafter referred to as 'the IPC') and Section 17 of the Kerala Money Lenders Act, 1958 and Section 3 r/w. Section 9(a) and (b) of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012.

(2.) The 2nd respondent had filed a complaint before the Home Minister, alleging commission of offences under the Kerala Money Lenders Act, 1958 and Kerala Prohibition of charging Exorbitant Interest Act, 2012. The complaint was referred to the police for investigation and consequently, Annexure-A1- FIR in crime No.442/2015 of the Ambalappuzha police station was registered for the offences punishable under Sections 420 and 471 of the IPC, Section 17 of the Kerala Money Lenders Act, 1958 and Section 3 r/w. Section 9(a) and (b) of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012. After conducting the investigation, police filed Final Report before the jurisdictional Magistrate Court. The petitioner has filed this Crl.M.C to quash Annexure-A1-FIR and Annexure-A2- Final report, pending before the Judicial First Class Magistrate Court, Ambalappuzha as C.C. No.1243 of 2016.

(3.) Learned counsel for the petitioner, Sri.Renjith B.Marar submitted that even if all the allegations contained in Annexure-A1 FIR is taken as true, no ingredients of the offences contemplated under Sections 420 and 471 of the IPC and Section 17 of the Kerala Money Lenders Act, 1958 and Section 3 r/w. Section 9(a) and (b) of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012, are made out against the petitioner. It is further contended that the petitioner had filed Crl.M.P. No.836/2015 on the file of the Judicial First Class Magistrate Court, Ambalappuzha, alleging commission of an offence under Section 138 of the Negotiable Instruments Act against the second respondent and that caused to register Annexure- A1 FIR by the 2nd respondent, as a counter blast to C.C. No.667/2015 arising out of Crl.M.P. No.836/2015. Elaborating on the submissions, the learned counsel further submitted that the petitioner simultaneously filed O.S. No.244/2016 before the Additional Munsiff's Court, Alappuzha against the second respondent for recovering an amount of Rs.4,20,000/- (Rupees four lakhs and twenty thousand only) with interest thereon.