ORDER

Dated this the 21^st day of January, 2026 The petitioners who are the accused persons in C.C.No.89/2023 on the file of the Chief Judicial Magistrate, Pathanamthitta, arising out of Crime No.1049 of 2013 of Pathanamthitta police station filed this petition under Section 528 of BNSS praying for quashing all further proceedings against them. The offence alleged against the petitioners is under Section 13 r/w 17 of the Money Lenders Act and Section 4 of Kerala Prohibition of Charging Exorbitant Interest Act .

2. The prosecution case is that the accused without any authorization conducted money lending business, advanced a sum of Rs.3,00,000/- to CW1 and inspite repaying, a sum of Rs.6,00,000/- refused to return the cheque leaves received as security and thereby they are alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioners, even if the entire allegations raised against the petitioners are believed, the offences as alleged against them is not attracted in this case. Therefore, he prayed for quashing all further proceedings against the petitioners.

4. The petition was strongly opposed by the learned Public Prosecutor.

5. In this case