T SUDHA LEKSHMANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Crl. M. C. filed under Sec. 482 Cr. P. C. the 2nd accused in C. C. 1144 of 2007 on the file of the J. F. C. M. , Chavakkad for prosecuting the revision petitioner and her husband for offences punishable under Sections 420 and 468 read with Sec. 34 I. P. C. , seeks to quash the above proceedings.

(2.) THE case of the 2nd respondent/complainant is as follows:-On 12-7-1998, Lakshmanan (A1), the husband of the revision petitioner (Sudha - A2) borrowed from the complainant a sum of Rs. 15,000/- for certain family needs and gave a post-dated cheque bearing the date 25-7-1998 drawn on the cantonment Branch of Canara Bank, Thiruvananthapuram. Consequent on the dishonour of the said cheque for want of funds the complainant prosecuted the said Lakshmanan for an offence punishable under Sec. 138 of the N. I. Act, 1881. In that prosecution the said Lakshmanan took up the contention that he was not the holder of the account pertaining to the cheque in crl. M. C. 1474 of 2009 -:2:-question. When the Manager of the drawee bank was examined it was revealed that the account holder of the cheque was Sudha the wife of Lakshmanan. The case, therefore, ended in acquittal of Lakshmanan. Hence, the present private complaint.

(3.) IT is too early to accept the contentions of the revision petitioner. I am not dealing with those contentions lest the revision petitioner would stand foreclosed from raising those contentions during the trial of the case. This Crl. M. C. is accordingly dismissed without prejudice to the right of the revision petitioner to raise all defences available to her during trial.