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2025 Supreme(Online)(Ker) 48426

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


Advocates:
For the Appellants/Petitioners: SHRI.PRATHEESH.P, SMT.ANJANA KANNATH, SMT.SAFNA P.S.
For the Respondents: SRI.M.P.PRASANTH

O R D E R

The petitioner is the accused in S.T. No. 437/2025 on the file of the Special Court of the Judicial First-Class Magistrate for the trial of cases under Section 138 of the NI Act, 1881, at Kollam (24x7 on Court), which is filed by the second respondent against the petitioner alleging the commission of the offence punishable under of the Negotiable Instruments Act, 1881 .

2. The second respondent has filed Annexure A3 complaint alleging that the cheque issued by the petitioner was dishonoured due to payment stopped by the drawer. Even after issuing Annexure A1 legal notice to the petitioner and she issuing Annexure A2 reply, she did not pay the amount.

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

4. The learned counsel for the petitioner submits that there is no consideration for the cheque. Actually the petitioner had filed Annexure A5 complaint against the second respondent and her daughter before the Assistant Commissioner of Police. As no crime was registered, the petitioner filed Annexure A8 complaint before the JFMC-I Kollam, and Annexure 9 FIR was registered. It is only as a counterblast to Annexure A9 FIR that Annexure A

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