Rahiya vs Jasna
2022 Latest Caselaw 5294 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
  TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
                    CRL.L.P. NO. 147 OF 2022

AGAINST THE JUDGMENT DATED 23.02.2022 IN C.C.NO.393/2017 OF
      JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA
PETITIONER/COMPLAINANT:

         RAHIYA,
         AGED 49 YEARS,
         WIFE OF ISMAIL,
         PULICKAL HOUSE,
         KUTTAMASSERY KARA,
         KEEZHMADU VILLAGE, ALUVA TALUK,
         PIN - 683105

         BY ADVS.    MATHAI EAPPEN VETTATH
                     P.K.RAGHAVAN


RESPONDENTS/ACCUSED/STATE:

    1    JASNA,
         AGED 40 YEARS,
         WIFE OF NAJEEB,
         THAMARAPALLY HOUSE,
         NEAR MADAVANA STOP,
         NETTOOR, PIN - 682040.

    2    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031.
OTHER PRESENT:

         SRI.C.S HRITHWIK-SR.PP

     THIS CRIMINAL LEAVE       PETITION HAVING COME UP   FOR
ADMISSION ON 17.05.2022,       THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 Crl.L.P.No.147/2022


                                    -:2:-




                  Dated this the 17th day of May,2022

                               O R D E R

Heard the learned counsel for the petitioner.

He has argued at length to convince this

Court that Criminal Appeal provided under proviso

to Section 372 of the Code of Criminal Procedure,

1973, is to be filed in this matter to address the

grievance of the petitioner. On perusal of the

matters before this Court along with the judgment

under challenge, I find merit in this submission.

Therefore, leave granted to file Criminal Appeal

as prayed for.

Sd/-

A. BADHARUDEEN,JUDGE

DST/17.05.22 Crl.L.P.No.147/2022

APPENDIX

PETITIONER'S ANNEXURES:

ANNEXURE A1 DEPOSITION OF PW1/COMPLAINANT.

ANNEXURE A2 DEPOSITION OF PW2 BANK MANAGER TO PROVE INSUFFICIENCY OF FUNDS IS THE REASON FOR THE DISHONOUR OF CHEQUE.

ANNEXURE A3 TO PROVE SOURCE OF MONEY, LOAN STATEMENT FROM KEEZHMAN SERVICE CO-OPERATIVE BANK

RESPONDENTS' EXHIBITS: NIL