S.R. SENTHILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein stands arrayed as the sole accused in crime No. 225/2018 of Sreekrishnapuram Police Station, Palakkad for offences punishable under Sections 468 and 420 of IPC.

(2.) The crux of the allegation is that the defacto complainant had availed a loan from the petitioner herein and two signed blank cheque leaves were handed over along with the copy of the title deed. Though the amount was repaid with interest, the petitioner herein failed to return the signed blank cheques.

(3.) The contention of the learned counsel for the petitioner is that towards the discharge of a legally enforcible debt, the proceedings under section 138 of the Negotiable Instruments Act was initiated against the defacto complainant, which had provoked her. To counterblast the 138 NI Act proceedings, present proceeding was initiated. There seems to be elements of civil dispute also in the present case. Having considered these facts, I am inclined to grant the benefit of prearrest bail to the petitioner herein on the following conditions: