ORDER

Dated this the 19^th day of March, 2025 Petitioner is the 1^st accused in C.C No.899 of

2019 pending on the files of the Judicial First Class Magistrate Court, Ambalapuzha. The case originated from Crime No.55 of 2018 registered at the Punnapra Police Station for offences punishable under Sections

420 and 120B r/w Section 34 of IPC .

2. The crime is registered on the basis of a complaint filed by the 2^nd respondent alleging that accused Nos.1 and 2 had cheated her by borrowing Rs.12 Lakhs and issuing a cheque which, on presentation, was returned with the endorsements ‘funds insufficient’ and ‘drawer’s signature incomplete’

3. According to the learned Counsel for the petitioner, even if the allegations are accepted in their entirety, there can only be prosecution under Section

138 of the Negotiable Instruments Act . It is submitted that, with respect to the Rs.12 Lakhs mentioned in the complaint, 2^nd respondent instituted a suit for recovery of money and obtained a decree in her favour. The 2^nd respondent’s attempt to get the decree executed did not succeed, since the petitioner is a lady without any means of livelihood. Faced with such a situation, 2^nd respondent filed the criminal