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2025 Supreme(Online)(Ker) 53793

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
NIKITHA ELIZABETH MARTIN – Appellant
Versus
K. P. SANTHOSH – Respondent


Advocates:
For the Appellants/Petitioners: SRI.U.R.HARSHAKUMAR
For the Respondents: SRI.M.P.PRASANTH, PP

ORDER The petitioner is the accused in S.T. No.3209 of 2019 on the file of the Judicial First Class Magistrate Court-I, Changanassery, which has been filed by the first respondent alleging the Commission of offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘N.I.Act’).

2. The petitioner contends that there is no privity of contract between him and the first respondent. The first respondent is the total stranger to the petitioner. The first respondent is doing money lending business. He has misused the petitioner’s cheque. Therefore, even if the allegations in Annexure A3 complaint are taken on their face value, the same will not attract the offence under Section 138 of the N.I.Act. Hence, Annexure A3 complaint may be quashed.

3. Heard.

4. A reading of Annexure A3 complaint substantiates that the petitioner had issued a cheque to the first respondent for Rs.3,10,000/- (Rupees Three lakh ten thousand only). The said cheque got dishonoured due to payment stopped by drawer. Despite receipt of the lawyer notice dated 31.05.2019, the petitioner has failed to pay the demanded amount. The petitioner does not dispute her signature on the cheque. Therefore, th

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