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2026 Supreme(Online)(Ker) 12125

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


Advocates:
For the Appellants/Petitioners: SHRI.AMAL PARTHASARADHY, SRI.GIBI.C.GEORGE
For the Respondents: PP SRI. M.P. PRASANTH

O R D E R Dated this the 20th day of February, 2026 The petitioner is the accused in S.T.No.8/2025 on the file of the Court of the Chief Judicial Magistrate, Kollam ( Trial Court) which has been filed by the 2nd respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 .

2. The petitioner has stated in the Criminal Miscellaneous Case that there is no legally enforceable debt payable by her to the 2nd respondent. The petitioner was a purchaser of goods from the 2nd respondent, who is a full-fledged wholesaler. The 2nd respondent and her accountant, in furtherance of their common intention, fabricated 18 invoices for approximately 90,00,000/- and dishonestly induced the petitioner to transfer Rs.40,00,000/- by falsely representing that the goods were supplied. On internal audit, it was found that the goods were not supplied. Under the GST regime, movement of goods exceeding Rs.50,000/- mandates the generation of an E-way bill. While 50 genuine invoices were supported by valid E-Way bills and actual delivery of goods, the 18 disputed invoices were not backed by any E-Way Bill or proof of delivery. However, without supplyin

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