P.K.Gabreal v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 --------------------------- CC 2066/2014 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT, CHAVAKKAD CRIME NO. 991/2014 OF GURUVAYUR POLICE STATION, TRISSUR PETITIONERS :
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1. P.K.GABREAL, AGED 60 YEARS, S/O. KURIACKU, RESIDING AT PULIKKOTTIL MAMMAYI PARAMBIL VEED, CHAVAKKAD TALUK, THRISSUR DISTRICT.
2. P.K.KURIAN, AGED 75 YEARS, S/O. THOMA, PANANGATT VEED, THAIKKAD, CHAVAKKAD TALUK, THRISSUR DISTRICT.
3. P.A.RAMADAS, AGED 60 YEARS, S/O. APPUKUTTAN, PULINCHAN VEED, MANATHALA, CHAVAKKAD TALUK, THRISSUR DISTRICT.
4. KOCHU MATHEW, AGED 60 YEARS, S/O. JOSEPH, CHOWALLORE VEED, THAIKKAD, CHAVAKKAD TALUK, THRISSUR DISTRICT.
5. K.A.LOWRENCE, AGED 66 YEARS, S/O.FRANCIS, MANDUMPAL VEED, CHOWALLORE, CHAVAKKAD TALUK, THRISSUR DISTRICT.
6. V.A.THOMAS, AGED 60 YEARS, S/O. ANTONY, VAZHAPPILLY VEED, THAIKKAD, CHAVAKKAD TALUK, THRISSUR DISTRICT.
BY ADV. SRI.RAJIT
RESPONDENT:
----------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.SAREENA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/27/10/15
--------------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE A- COPY OF THE FIR REGISTERED BY THE GURUVAYUR POLICE AS CRIME NO. 991/2014 FOR THE OFFENCE UNDER SEC. 3 AND SEC 17 OF THE KERALA MONEY LENDERS ACT.
ANNEXURE B- COPY OF THE FINAL REPORT FILED BY THE GURUVAYUR POLICE BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT, CHAVAKKAD.
ANNEXURE C- COPY OF THE MEMORANDUM OF THE ASSOCIATION AND ARTICLES OF ASSOCIATION OF THE CHOWALLORPADY KURIES AND LOANS PRIVATE LIMITED.
ANNEXURE D- COPY OF THE CERTIFICATE OF INCORPORATE ISSUED BY REGISTRAR OF COMPANY IN RESPECT OF CHOWALLORPADY KURIES AND LOAS PRIVATE LIMITED.
ANNEXURE E- COPY OF THE MONEY LENDING LICENSE ISSUED BY THE INSPECTING ASSISTING COMMISSIONER COMMERCIAL TAXES DTD. 3-62014. ANNEXURE F- COPY OF THE REGISTRATION CERTIFICATE ISSUED BYTHE ASSISTANT LABOUR IN RESPECT OF CHOWALLORPADY KURIES AND LOANS PRIVATE LIMITED.
RESPONDENT'S ANNEXURES:
----------------------- NIL // True Copy // P.A. To Judge DSV/27/10/15
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.4562 of 2015 B ````````````````````````````````````````````````````````````` Dated this the 13th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~ What is under challenge is the final report in CC No.2066/2014 of the Judicial First Class Magistrate's Court, Chavakkad, which has arisen from Crime No.991/2014 of Guruvayur Police Station for the offence punishable under Section 3 read with Section 17 of the Kerala Money Lenders Act. The allegation against the petitioners is that they have conducted money lending without licence and authorisation. 2.
The petitioners are the Directors and the Managing Director of a company named 'Chovvallorpady Kuries and Loans Private Limited'. The petitioners have produced Annexure-E, copy of the money lending licence
Crl.M.C.4562/2015 : 2 :
dated 03.06.2014, which was later renewed on 30.06.2015. Annexure-E clearly evidences that the said company has money lending licence. Matters being so, there is no meaning in alleging that the petitioners, who are the Directors of the company, have conducted illegal money lending.
3.
Another infirmity pointed out by the learned counsel for the petitioners is that the company is not made an accused. The company is a legal person. When the company was allegedly engaged in money lending business without licence, the company ought to have been made an accused in the matter. Even otherwise, the company has got money lending licence. From all these, it is evident that the prosecution as such is bad in law and, therefore, Annexure-B final report and all further proceedings in CC No.2066/2014 of the Judicial First Class Magistrate's Court, Chavakkad, which has arisen from Crime No.991/2014 of Guruvayur Police Station, can be quashed.
Crl.M.C.4562/2015 : 3 :
In the result, this Crl.M.C. is allowed and Annexure-B final report and all further proceedings in CC No.2066/2014 of the Judicial First Class Magistrate's Court, Chavakkad, which has arisen from Crime No.991/2014 of Guruvayur Police Station are quashed.
Sd/- (B.KEMAL PASHA, JUDGE) aks/13/10 // True Copy // PA to Judge