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2024 Supreme(Online)(KER) 7336

HIGH COURT OF KERALA
K. Babu, J
AMBIKA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.K.VARGHESE, SRI.M.T.SAMEER, SRI.DHANESH V.MADHAVAN, SRI.JERRY MATHEW, SRI.RAMEEZ M. AZEEZ, SMT.NAMITHA K.S., SRI.JUSTIN K.K., SMT.DEVIKA K.R., SRI.G.SUDHEER, PP

JUDGEMENT

The challenge in this Original Petition is to the order dated 20.05.2024 in CMP No.142 of 2024 in ST No.67 of 2019. The petitioner is the accused. She is alleged to have committed offence punishable under Section 138 of Negotiable Instruments Act .

2. The case of the complainant is that the petitioner executed Ext.P1 cheque 4in her favour in discharge of a legally enforceable debt.

3. The petitioner/accused filed CMP No.27 of 2023 seeking to send Ext.P1 cheque for expert examination. The Trial Court dismissed the application. The petitioner challenged the order before this Court filing Crl.M.C.No.5568 of 2023. This Court dismissed the Crl.M.C as per order dated 12.07.2023.

4. Thereafter, the petitioner again filed CMP No.142/2024 seeking to send Ext.P1 cheque for expert examination. The learned Magistrate dismissed the application on the ground that the petitioner had not even sent a reply to the statutory notice and this Court had dismissed the prayer for sending Ext.P1

cheque for expert opinion.

5. I have heard the learned counsel appearing for the petitioner.

6. The learned counsel for the petitioner submits that the petitioner has not executed Ext.P1 cheque. The signatures

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