Kerala High Court
Ponnuchami vs State Of Kerala on 6 September, 2024
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:68163
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 6989 OF 2017
CRIME NO.988/2011 OF ADIMALI POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.176 OF 2013
OF JUDICIAL MAGISTRATE OF FIRST CLASS, (MUNSIFF MAGISTRATE
COURT) ADIMALI
PETITIONERS:
1 PONNUCHAMI
AGED 38 YEARS, S/O PERIYACHAMI,
SHALAPPALAYAM, ARAVUKURICHI,KAROOR, TAMIL NADU.
2 MANIKANADAN
AGED 38 YEARS, S/O VELUSWAMI,
MULANTHAN PO,DARAPURAM, E.ROAD, TAMILNADU.
3 THEKKAMALAI
AGED 33 YEARS, S/O PONNAMALI,
EDAYAPETTY, THARAKAMPETTY,KULITHALAI, KAROOR,
TAMILNADU.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.682031.
OTHER PRESENT:
ADV. SRI.RENJITH.T.R, SR.PUBLIC PROSECUTOR
Crl.M.C.No.6989/2017 2 2024:KER:68163
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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P.V. KUNHIKRISHNAN, J.
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Crl.M.C No.6989 of 2017
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Dated this the 6th day of September, 2024
ORDER
This Crl.M.C. case is filed to quash the proceedings in CC
No.176/2013 on the file of Judicial First Class Magistrate Court-I,
Adimaly. The above case is charge sheeted against the petitioners
alleging offences punishable under Section 17 of the Kerala Money
Lenders Act, 1958.
2. The prosecution allegation is that the 1 st accused is
the Proprietor of 'Sri Venkitachalapathithunai' and others are his
agents engaged in money lending business on security of cheque
leaves and stamp papers without any authorities to do so. Hence it is
alleged that accused committed the offence. Annexure A is the final
report against the petitioners. According to the petitioners, even in the
entire allegations are accepted, no offence is made out. Hence this
Crl.M.C.case.
3. I have heard the learned counsel appearing for the
peitioners and the learned Public Prosecutor.
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4. The learned counsel for the petitioners reiterated
the contentions raised in the Crl.M.C. and submitted that no offence is
made out. The learned counsel also submitted that even if, some
cheques and other documents are seized, the same will not attract the
offence under Section 17 of the Kerala Money Lenders Act, 1958.
The Public Prosecutor made available the case diary in Crime
No.988/11 and submitted that serious allegations are raised against the
petitioners. The petitioners have to prove their case before the Trial
Court at the appropriate stage is the submission.
5. This Court considered the contentions of the
petitioners and the Public Prosecutor. This Court also perused the case
diary produced by the learned Public Prosecutor. The allegations
against the petitioners is that, promisory note, pass book and
collection cards were seized from the petitioners on 26.09.2011 at
7.00 PM from the room which is used as an office attached to the
house bearing No..AGP X/1330 and hence the petitioners committed
the offence under Section 17 of the Kerala Money Lenders Act,1958.
The witnesses cited in the final report are all official
witnesses .Admittedly, there is no victims in this case. The allegations
against the petitioners is that, blank cheques and other documents are
Crl.M.C.No.6989/2017 5 2024:KER:68163
seized from the office room of the petitioners and hence it is alleged
that the accused committed the offences. This Court in Yohannan
M.M. and another Vs. State of Kerala, 2019 (5) KHC 908,
observed that, seizure of blank cheque leaves and signed stamp papers
from an establishment will not attract Section 17 of the Money
Lenders Act, 1958. This Court relied an unreported decision in
Crl.M.C. No.4204/2016. The relevant portion of the above judgment
is extracted hereunder:-
" Learned counsel for the petitioners cited an unreported
decision of this Court in A.M. Gopalan Vs. Sub Inspector of Police
(order dated 25.07.2016 in Crl.M.C. No.4204/2016) in which it has
been held as follows:
"The learned Public Prosecutor has fairly conceded that the
statements of the witnesses concerned, have revealed that they were
subscribers of various chitties being conducted by the petitioner and
at the time when the auction amounts in the chitty were obtained, such
documents were obtained from them by the petitioner as security for
the chitty amount. Even if such documents are seized from the
possession of the petitioner, unless and until it is shown that he is
conducting money lending, either S.420 IPC or S.17 of the Kerala
Money Lenders Act cannot be attracted. Here, even if securities are
obtained through whatever means for disbursing chitty amounts, S.17
of the Kerala Money Lenders Act can be attracted only in a case
wherein a person has been conducting money lending without licence
Crl.M.C.No.6989/2017 6 2024:KER:68163
or he has been violating the terms of licence for money lending. what
is stated above squarely applies to the facts of the present case."
(SIC)
6. In the light of the above principle, I am of the
considered opinion that, the continuation of the prosecution against
the petitioners is not necessary. There is no victims in this case.
Certain documents alone are seized from the possession of the
petitioners. Moreover in Sasidharan Vs. Sub Inspector, 2023 (1)
KHC 31 and in Vimal Vs. State of Kerala and others 2015 KHC
2395, this court observed that, lending money to a person under one or
more document will not by itself constitute the offence of
unauthorised money lending under the Kerala Money Lenders Act,
1958.
7. Consdering the facts and circumstances of the case,
I am of the considered opinion that, the continuation of the
prosecution against the petitioners is not necessary.
Therefore, this Crl.MC case is allowed all further
proceedings against the petitioners in CC No. 176/2013 on the file of
Judicial First Class Magistrate Court-I, Adimaly are quashed.
Sd/-
P.V.KUNHIKRISHNAN,
SLR JUDGE
Crl.M.C.No.6989/2017 7 2024:KER:68163
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.988 OF 2O11 OF ADIMALI POLICE
STATION, IDUKKI DISTRICT NOW PENDING AS
CC.NO.176/2013 OF THE COURT OF THE
JUDICIAL FIRST CLASS MAGISTRATE -1,
ADIMALY.
