1. Petitioners are the accused in C.C.No.188/2015 of the Judicial First Class Magistrate''s Court-I, Kodungallur, which has arisen from Annexure
A1 final report in Crime No.1664/2014 of the Valappad Police Station, for the offences punishable under Section 420 of the Indian Penal Code
and Sections 17 and 18A of the Kerala Money Lenders Act.
2. The allegation against the petitioners is that they had lent money to CW1 and to one Ajaya Kumar, who is the husband of CW2 and the friend
of CW1 for exorbitant interest, on obtaining the title deeds of their properties, blank signed stamp papers, blank signed cheque leaves and blank
signed white papers. It is alleged that even after the repayment of the entire amount with interest by CW1, the title deeds and blank signed stamp
papers, blank signed cheque leaves and blank signed white papers, from CW1 have not been returned.
3. According to the petitioners, they had no transaction at all with CW1 and no amount is due to them from CW1. It has been undertaken by the
learned counsel for the petitioners that they do not want to take any steps against CW1 for the recovery of any money and they have never
obtained any blank signed cheque leaves or title deeds or stamp papers from CW1. According to the petitioners, an agreement for sale was
executed by one Ajaya Kumar in favour of the petitioners after obtaining part of consideration and thereafter the said Ajaya Kumar did not care to
execute the sale deed. In the mean time, Ajaya Kumar died and presently the petitioners had filed a civil suit O.S.No.1749/2015 before the
Munsiff''s Court, Chavakkad for specific performance of the agreement executed by the said Ajaya Kumar.
4. On going through the facts contained in Annexure I, it has come out that no such documents have been seized from the possession of the
petitioners. The mere fact that the petitioners had entered into an agreement for sale with one Ajaya Kumar cannot be made use of for styling the
petitioners as money lenders. Even if any amount is lent to CW1, that single money transaction alone will not invite prosecution for the offence
under the Kerala Money Lenders Act. Matters being so, there is absolutely nothing to bring out an offence under Section 420 IPC or any of the
offence under Sections 17 and 18A of the Kerala Money Lenders Act, as against the petitioners. Therefore, all further proceedings in
C.C.No.188/2015 of the Judicial First Class Magistrate''s Court-I, Kodungallur, which has arisen pursuant to Annexure I final report in Crime
No.1664/2014 of the Valappad Police Station, as against the petitioners, can be quashed.
5. In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.188/2015 of the Judicial First Class Magistrate''s Court-I,
Kodungallur, which has arisen pursuant to Annexure I final report in Crime No.1664/2014 of the Valappad Police Station, as against the
petitioners, are hereby quashed.
