[Cites 2, Cited by 0]
Kerala High Court
Ansiya R vs State Of Kerala on 20 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:15359
CRL.MC NO. 1497 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
CRL.MC NO. 1497 OF 2026
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.9 OF 2025 OF
CHIEF JUDICIAL MAGISTRATE ,KOLLAM
PETITIONER/SOLE ACCUSED IN ST. 9/2025/ DE FACTO COMPLAINANT IN
CMP NO.1512/2025:
ANSIYA R
AGED 25 YEARS
PROPRIETOR AKM ENTERPRISES, ANSEER MANZIL,MANJAPPARA
P.O, PALLIMUKKU, KOTTUKKAL, KOLLAM, PIN - 691533
BY ADVS.
SHRI.AMAL PARTHASARADHY
SRI.GIBI.C.GEORGE
RESPONDENTS/STATE & COMPLAINANT IN ST. NO.9/2025:
1 STATE OF KERALA
REPRESENTED BY REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 ASHAMOL
AGED 39 YEARS
SREEDEVA TRADERS,3/2171-2134,MADATHIL KIZHAKKATHIL,
MEENATHU CHERRY, KAVANADU, KOLLAM, PIN - 691003
PP. SRI. M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 1497 OF 2026
2
ORDER
Dated this the 20th day of February, 2026
The petitioner is the accused in S.T.No.9/2025 on
the file of the Court of the Chief Judicial Magistrate, Kollam
( Trial Court) which has been filed by the 2 nd 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 2 nd 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
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CRL.MC NO. 1497 OF 2026
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 supplying goods to the petitioner, the 2 nd
respondent has made use of ten signed blank cheques
issued by her as security, presented them to the bank, got
them dishonored, and has filed five complaints in respect of
ten cheques. The petitioner has immediately filed a
complaint before the Chadayamangalam Police Station and
Crime No.821/2025 has been registered against the 2 nd
respondent for committing the offences punishable under
Section 420, 471 and 120B r/w Section 34 of the Indian
Penal Code. The investigation in the crime is in progress. In
the meantime, the Trial Court has scheduled the trial in the
five complaints. If the trial commences before the filing of
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CRL.MC NO. 1497 OF 2026
the final report in Crime No.821/2025, it would cause
prejudice and severe hardship to the petitioner. Therefore,
the petitioner prays that the Trial Court be directed to defer
all further proceedings in S.T. No.9/2025, until the final
report is filed in Crime No. 821/2025 of the
Chadayamangalam Police Station. Hence, the Crl.M.C.
3. I have heard the learned counsel for the
petitioner and the learned Public Prosecutor. In view of
the limited relief that I proposes to pass, I dispense with
notice to the 2nd respondent.
4. The petitioner's specific case is that, the 2 nd
respondent has presented ten of her cheques without valid
consideration. At the instance of the petitioner, the
Chadayamangalam Police has registered Crime
No.821/2025 as against the 2nd respondent, and the
investigation in the crime is in progress. Therefore, until
such time, the final report is filed, the Trial Court may be
directed to defer the proceedings in S.T.No.9/2025.
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CRL.MC NO. 1497 OF 2026
5. Undisputedly, the petitioner has not approached
the Trial Court to defer the trial in the above complaint, in
view of the pending investigation in the crime. Therefore, I
am of the definite view that it would be upto the petitioner
to move the Trial Court by filing an application seeking for
an identical relief, rather than directly approaching this
Court under Section 528 of the Bharatiya Nagarik
Surakshya Sanhita, 2023.
In the aforesaid circumstances, I dispose of the
Crl.M.C, by permitting the petitioner to file an application
before the Trial Court, to defer further proceedings in
S.T.No.9/2025 until such time the final report is filed in
Crime No.821/2025 by the Chadayamangalam Police
Station. In order to enable the petitioner to workout her
remedies as observed above, the Court of the Chief Judicial
Magistrate, Kollam, is directed to defer the trial in
S.T.No.9/2025 for one month from today. If such application
is filed, the Trial Court is directed to consider and dispose
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CRL.MC NO. 1497 OF 2026
of the application, in accordance with law, and as
expeditiously as possible, after affording both sides an
opportunity of being heard.
SD/-
C.S.DIAS, JUDGE
rmm 20/02/2026
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CRL.MC NO. 1497 OF 2026
APPENDIX OF CRL.MC NO. 1497 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO 821/2025
OF CHADAYAMANGALAM POLICE STATION
Annexure A2 TRUE COPY CMP NO 1512/2025 FILED BY THE
PETITIONER BEFORE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KADAKKAL
Annexure A3 TRUE COPY OF THE CAVEAT PETITION DATED
29.04.2024 FILED BY THE SECOND RESPONDENT
BEFORE THE DISTRICT COURT, KOLLAM
Annexure A4 TRUE COPY OF ST 9/ 2025 FILED BY THE SECOND
RESPONDENT
