P.N.Umadevi vs Kerala State Financial ...
2023 Latest Caselaw 2188 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
                     OP(CRL.) NO. 153 OF 2015
                 CC NO.595/11 OF JFCM, CHAVAKKAD
PETITIONER:

            P.N.UMADEVI, AGED 48 YEARS
            PUTHIYEDATH PUSHPAKAM HOUSE, ARTHAT P.O.,
            KUNNAMKULAM-680521.

            BY ADV SRI.P.BABU KUMAR


RESPONDENT:

            KERALA STATE FINANCIAL ENTERPRISES LTD
            REP. BY ITS BRANCH MANAGER, GURUVAYUR BRANCH,
            GURUVAYUR P.O., THRISSUR-680078.

            SRI.P.M.PRASANTH .P.P.




     THIS    OP (CRIMINAL)   HAVING COME       UP FOR    ADMISSION ON
10.02.2023,    THE   COURT   ON   THE   SAME    DAY     DELIVERED   THE
FOLLOWING:
 O.P.(Crl) No.153/2015

                                   -:2:-

                               JUDGMENT

Dated this the 10th day of February, 2023

There is no representation on both sides.

2. I went through the records. The petitioner is the

accused in C.C.No.595/2011 pending on the file of the Judicial

First Class Magistrate Court, Chavakkad.

The original petition is filed with the following reliefs:

"(i) Issue a declaration that filling-up a blank cheque against the written request of the person who issued the cheque is illegal and against the provisions of the Negotiable Instruments Act.

(ii) Issue a declaration that initiating criminal proceedings for recovery of the due amount without informing the statement of account to the debtor is illegal and beyond the scope of Section 138 of the NI Act."

The remedy open to the petitioner is to contest the CC on

merits. There is no merit in the original petition. Accordingly, it

is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp O.P.(Crl) No.153/2015

APPENDIX OF OP(CRL.) 153/2015

PETITIONER EXHIBITS

EXHIBIT P1- TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 28-10- 2010.

EXHIBIT P2- TRUE PHOTOCOPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 6-11- 2010.

EXHIBIT P3- TRUE PHOTOCOPY OF THE COMPLAINT FILED BY THE RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD DATED 30-5-2011.

EXHIBIT P4- TRUE PHOTOCOPY OF THE STATEMENT OF ACCOUNT DTD. 21-10-13.