IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Crl.MC.No. 3745 of 2009() ------------------------------------ CRIME NO.284/2008 OF HOSDURG POLICE STATION. .............. PETITIONER/ACCUSED --------------------------------- C. RAMACHANDRAN, S/O.C.H. RAMAN, OZHAKROM, CHUNGAKARAN, UNIVERSITY CAMPUS (P.O.), KALIASSERY VILLAGE, KANNUR DISTRICT. BY ADV. MR.JAI GEORGE RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3745 OF 2009 =========================== Dated this the 19th day of January,2010 ORDER Petitioner is the accused in C.C.1005/2008 on the file of Judicial First Class Magistrate Court, Hosdurg taken cognizance for the offence under section 17 of Money Lenders Act on Annexure 2 final report. Prosecution case, as is clear from Annexure 2 final report, is that petitioner is conducting money lending business in the first floor of Central Marketing Complex Building in Door No.KMC IMI/1289 and is engaged in granting loan after obtaining as security signed blank stamp paper as well as signed blank cheque leaves and thereby committed offence under section 17 of the Act. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that as petitioner Crl.M.C.3745/2009 2 is not a money lender the cognizance taken is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Though learned counsel appearing for the petitioner vehemently argued that learned Magistrate should not have taken cognizance of the offence, in the absence of materials supporting the ingredients of the offence alleged, on going through the Case Diary I cannot accept the submission. The question whether ingredients of the offence are established or not, is to be decided by the learned Magistrate at the time of trial. With liberty to raise all the contentions before the learned Magistrate, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.3745/2009 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006