MRIDULA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Her former husband is the complainant. The matrimonial dispute between the parties was settled when proceedings were pending before the Family Court. Divorce on mutual consent was awarded. Order passed in that petition clearly shows that an amount of Rs.3,00,000/- was paid by the petitioner to her husband by cheque. The prosecution under Section 138 of the Negotiable Instruments Act relates to that cheque.

(2.) The petitioner has come to this court with a prayer that all further proceedings in the prosecution under Section 138 of the Negotiable Instruments Act may be stayed, invoking the powers under Section 482 Cr.P.C.

(3.) What is the reason? The learned counsel for the petitioner submits that the petitioner was compelled to part with the cheque for Rs.3,00,000/- and that she has initiated the proceedings before the Family Court as O.P.No.8/2005 for a declaration that no amount is due from her to the complainant. Until the said proceedings in O.P.No.8/05 is disposed of, proceedings in the prosecution under Section 138 of the Negotiable Instruments Act (S.T.No.529/2006 before the Principal Munsiff/Magistrate, Thiruvananthapuram) may be stayed.