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2023 Supreme(Online)(KER) 11742

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
LASITHA M – Appellant
Versus
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR – Respondent


Advocates:
M.R.SASITH, SRI. ADARSH S, SRI.M.P PRASHANTH, PP

ORDER

This petition is filed invoking the powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).

2. The petitioner herein is the 2nd accused in S.T.No.550/2021 on the files of the Judicial Magistrate of the First Class, Karunagappally. The aforesaid complaint has been lodged by the 2nd respondent under Sections 138 and 142 of the Negotiable Instruments Act . 3. Short facts are as under:

In the complaint filed by the party respondent under Section 138 of the Negotiable Instruments Act , it is alleged that the petitioner herein, who is arrayed as the 2nd accused, is the wife of the 1st accused. It is further alleged that the accused approached the de facto complainant and borrowed a sum of Rs.2 lakhs for their urgent needs, and in discharge of the debt, the 1st accused is alleged to have drawn a cheque on an account maintained by him in the presence of the 2nd accused. When the cheque was presented for collection, the same was dishonored, which led to the lodging of the complaint.

4. Miss. Neelanjana, the learned counsel appearing for the petitioner, submits that the proceedings against the petitioner herein is a clear a

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