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2021 (11) TMI 826 - HC - Indian LawsRecovery of loan amount - Kerala Money Lenders Act, 1958. - basic contention of the learned counsel for the petitioners is that the complaint based on which Annexure-F final report filed was without any bona fides and it was intended to interfere with the on-going proceedings under Section 138 of the Negotiable Instruments Act - HELD THAT:- It is well settled position that the delay in lodging the FIR, often results in embellishment and exaggeration. It exposes the danger of introduction of a coloured version, an exaggerated account of incident or a concocted story as a result of deliberations and consultations, and thus casting a very serious doubt on its veracity. In such circumstances, the explanation for such huge delay was insisted upon and in the absence of which, the case can be quashed. It is true that the invocation of power under Section 482 Cr.P.C. is to be sparingly used in rare cases. Therefore, the exercise that should be performed before invoking the said jurisdiction, is to look carefully all the aspects of the case and to verify whether the case at hand is fit for invoking the powers under the said provision - No documents are also seen produced to substantiate, either availing of the loan in the year 2006 or repayment thereof. The aforesaid aspects coupled with long delay occurred in the initiation of the proceedings, which is much after the petitioners have initiated proceedings under Section 138 of the Negotiable Instruments Act, shatters the case advanced by the prosecution. From the aforesaid materials, the irresistible conclusion possible is that, the entire proceedings of submission of the complaint, filing of Annexure-F charge sheet and all further proceedings are clear abuse of process of law. The chances for successful prosecution based on Annexure-F charge sheet is very bleak particularly because of the fact that it lacks any specific material particulars in support of the allegations and the offences alleged. The petitioners are entitled to succeed - Petition allowed.
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