PRIYA VARAMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

(2.) The petitioner is the 1st accused in Crime No.671/2019 of Chavara Police Station, Kollam District. The above case is registered against the petitioner and another alleging offence punishable under Section 420 of the Indian Penal Code (IPC).

(3.) The prosecution case is that, Crime No.3063/2016 was registered against the petitioner and the other accused and they approached this Court earlier, with a bail application. The bail application was referred for mediation. The matter was settled and Annexure-A2 is the mediation report. As per the mediation report, the petitioner and the other accused admitted that, they will pay the amount due to the defacto complainant and issued about 32 cheques towards the liability. Six cheques out of 32 cheques were honoured. Thereafter, the petitioner issued a stop payment and the other cheques were not honoured. Accordingly, the proceedings under Section 138 of the Negotiable Instruments Act was initiated by the defacto complainant against the petitioner and the other accused. It is also a fact that Section 138 proceedings is also challenged before this Court on technical grounds and that proceedings is also stayed by this Court. In such circumstances, the present crime is registered.