[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:15358
CRL.MC NO. 1505 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. 1505 OF 2026
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.8 OF 2025 OF
CHIEF JUDICIAL MAGISTRATE ,KOLLAM
PETITIONER/SOLE ACCUSED IN ST NO.8/2025/ 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.8/2025:
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. 1505 OF 2026
2
ORDER
Dated this the 20th day of February, 2026
The petitioner is the accused in S.T.No.8/2025
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 2nd respondent, who is
a full-fledged wholesaler. The 2 nd 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
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CRL.MC NO. 1505 OF 2026
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
2nd 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
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CRL.MC NO. 1505 OF 2026
commences before the filing of 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.8/2025, 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
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CRL.MC NO. 1505 OF 2026
directed to defer the proceedings in S.T.No.8/2025.
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.8/2025 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.8/2025 for one
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CRL.MC NO. 1505 OF 2026
month from today. If such application is filed, the Trial
Court is directed to consider and dispose 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
2026:KER:15358
CRL.MC NO. 1505 OF 2026
APPENDIX OF CRL.MC NO. 1505 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 8/ 2025 FILED BY THE
SECOND RESPONDENT BEFORE THE CHIEF
JUDICIAL MAGISTRATE COURT, KOLLAM
