Kerala High Court
K.V.Narayanan Aged 60 Years vs State Of Kerala Rep. By Public ... on 10 January, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 10TH DAY OF JANUARY 2017/20TH POUSHA, 1938
Crl.MC.No. 8197 of 2016 ()
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AGAINST THE ORDER/JUDGMENT IN CC 1628/2015 of J.M.F.C.-II,HOSDURG
CRIME NO. 479/2015 OF BEKAL POLICE STATION , KASARGOD
PETITIONER/ACCUSED:
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K.V.NARAYANAN AGED 60 YEARS
S/O.RAMAN
NARAYANA NIVAS, KANIYAMBADI
PALLIKKARA VILLAGE, KASARGOD DISTRICT
BY ADV. SRI.P.K.SUBHASH
RESPONDENTS/STATE:
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1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682150
2. P A ABDULRAHIMAN, AGED 51 YEARS
S/O.ABDULLA HAJI, RESIDING AT
PAIKKATH VALAPPU, THIRUVAKOLI
PALLIKKERE II VILLAGE, HOSDURG TALUK
KASARAGOD DISTRICT, KERALA STATE
R2 BY ADV. SRI.A.ARUNKUMAR
BY PUBLIC PROSECUTOR: SRI AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
10-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8197 of 2016
APPENDIX
PETITIONERS EXHIBITS:
ANNEUXRE-A1 : CERTIFIED COPY OF the FIR IN CRIME NO.479
OF 2015 OF BEKKAL POLICE STATION
ANNEXURE AII : CERTIFIED COPY OF THE FINAL REPORT
ANNEXURE AIII : A TRUE COPY OF THE SALE AGREEMENT EXECUTED
BETWEEN THE 2nd RESPONDENT AND THE WIFE OF the PETITIONER
ANNEXURE AIV : COPY OF the AFFIDAVIT SWORN TO BY THE 2nd
RESPONDENT ENDORSING the FACTUM OF COMPOUNDING OF the SAID
OFFENCES AND the SETTLEMENT OF THE DISPUTES
RESPONDENTS EXHIBITS:NIL
True Copy /
P A to Judge
SUNIL THOMAS, J.
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Crl.M.C.No.8197 of 2016
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Dated this the 10th day of January, 2017
ORDER
Petitioner herein is indicted as accused in C.C.No.1628 of 2015 of Judicial First Class Magistrate Court-II, Hosdurg arising from Crime No.479 of 2015 of Bekkal Police Station for offences punishable under sections 420 IPC and 17 of Kerala Money Lenders Act 1958.
2. The second respondent contending that the petitioner herein is conducting a money lending business and towards the loan that he had advanced to the complainant, he had procured other documents. It was misused, thereby he committed cheating. Crime was registered by the police. It appears that the petitioner herein alone is the person who seems to have transaction with the complainant herein. Petitioner now submits that he is not a money lender and that the complaint was laid by the de facto complainant on the basis of a mistaken fact. Learned Public Prosecutor on instructions submitted that the petitioner herein is not involved in any other crime and that, parties have resolved their dispute.
3. Having considered these facts, I am satisfied that essentially the dispute arose from a money transaction and has the Crl.M.C.8197/16 2 flavour of a civil dispute also. There is nothing on record to show that petitioner is doing money lending as a business. Hence I feel that Crl.M.C can be allowed.
In the result, Crl.M.C is allowed. All further proceedings in C.C.No.1628 of 2015 of Judicial First Class Magistrate Court-II, Hosdurg arising from Crime No.479 of 2015 of Bekkal Police Station stand quashed.
Sd/-
SUNIL THOMAS Judge Sbna/10/1/17 True Copy / P A to Judge