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2025 Supreme(Online)(Ker) 48425

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
ROOPESH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: ALEX K.JOHN, DEEPA V. BABU, ABHISHEK T.M., FIDA HUSNA P.P.
For the Respondents: M.P.PRASANTH

C.S.DIAS, J.

---------------------------------------

Crl.M.C. No. 7046 OF 2025 -----------------------------------------

Dated this the 23rd day of October, 2025 ORDER The petitioner is the accused in C.C.Nos.93/2024 and 2/2025 (Annexures A2 and A4) on the file of the Court of the Judicial First Class Magistrate-I, Mavelikkara, which has been filed by the 2nd respondent alleging that the petitioner has committed the offence under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I.Act’, in short).

2. The crux of the allegation in Annexures A2 and A4 complaints are that the petitioner had borrowed money from the 2nd respondent and had issued cheques towards the repayment of the debt. However, on presentation of the cheques for collection, they were dishonoured. Even though the 2nd respondent had issued notices, the petitioner failed to pay the demanded amounts. Thus, the petitioner has committed the above offence.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned Counsel for the petitioner submits that the petitioner and the 2nd respondent are relatives. In respect of the very same transaction, the 2nd respondent has filed Ane

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