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2026 Supreme(Online)(Ker) 12549

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: SR.PP. SRI. C.S. HRITHWIK

O R D E R Dated this the 20th day of February, 2026 The petitioner is the accused in S.T.No.11/2025 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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