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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
RENJAN AGED 59 YEARS SON OF MUTHAYYAN CHETTIYAR, SREEMANGALAM HOUSE, THOTTUMPURAM, PRAKKANAM MURI, CHENNEERKARA VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689503 – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 – Respondent
| Table of Content |
|---|
| 1. violation of money lenders act and quashing of proceedings. (Para 1 , 2 , 3) |
| 2. arguments regarding lack of legal basis for prosecution. (Para 4 , 6) |
| 3. court's interpretation of business activity as essential for law violation. (Para 5 , 10) |
| 4. clarification of definitions and expectations under the money lenders act. (Para 7 , 8) |
ORDER
Dated this the 21st 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
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