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2026 Supreme(Online)(Ker) 14267

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


Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SHRI.SARATH K.P., SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN, SMT.DIPA V.
For the Respondents: SRI.K.SHAJ, SMT.BEENA N.KARTHA, SRI.ARUN CHAND, SHRI.BHARAT VIJAY P., SHRI.KEVIN JAMES, SMT.MINU VITTORRIA PAULSON, SMT.SAUMYA.P.S, SMT.GOPIKA GOPAL, SMT.ARCHANA P.P., SMT.SHEHROON PATEL A.K., SHRI.ISSAC MELVIN B.O., SHRI.REN SHIBU SR.PP., SMT. SEETHA S.

O R D E R Dated this the 24th day of February, 2026 The petitioner is the accused in S.T.

No.3506/2025 on the file of the Court of the Judicial First Class Magistrate-II, Pathanamthitta ( 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, she has not executed the cheque in favour of the 2nd respondent. A person named Babu Chandran had forged the cheque and handed it over to the 2nd respondent, who presented the cheque and got it dishonoured. The petitioner’s husband had filed a complaint against the 2nd respondent in 2015, which got dismissed in the year 2017. Subsequently, the petitioner’s husband filed a revision petition to set aside the order of the dismissal, and the complaint was restored in the year

2024. Accordingly, the Judicial First Class Magistrate-I, Alappuzha, referred the complaint to the Alappuzha South Police Station under Section 156(3) of the Code of Criminal Procedure, and Crime No. 1490/2024 has been registered against the 2nd respondent, for allegedly committing the offences puni

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