High Court Kerala High Court

P.Savithri vs State Of Kerala on 3 June, 2008

Kerala High Court
P.Savithri vs State Of Kerala on 3 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1727 of 2008(E)


1. P.SAVITHRI, W/O.BALAKRISHNAN
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.M.K.SUMOD

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :03/06/2008

 O R D E R
                        V. RAMKUMAR , J.
             ==========================
                       Crl.R.P. No. 1727 of 2008
             ==========================
                Dated this the 3rd day of June, 2008.

                             ORDER

The petitioner, who is the complainant in C.M.P. No. 1995 of

2005 on the file of the Judicial First Class Magistrate-I, Kannur

alleging an offence punishable under Section 420 IPC, challenges

the order dated 09.06.2006 passed by the Magistrate dismissing

the complaint under Section 203 Cr.P.C. The petitioner would

allege that she was cheated by the accused who is none other

than her husband’s nephew while availing of a loan from a

financial institution by inducing her to become a surety and that

subsequently the accused failed to pay the amounts rendering

the complainant liable for the loan amount.

2. The learned Magistrate has taken note of the fact that

the revision petitioner is an employee of Kannur District Co-

Operative Bank and that she is not an illiterate lady unaware of

the consequences of signing loan documents. As rightly observed

by the learned Magistrate, her remedy is to pay the loan amount

due and recover the same from the defaulting accused. No

CRL.R.P. NO. 1727/2008 : 2:

intention to deceive can be spelt out from the allegations made in

the complaint. I do not find any good ground to interfere with

the order passed by the Magistrate.

This Crl.R.P is accordingly dismissed.

V. RAMKUMAR, JUDGE.

rv

CRL.R.P. NO. 1727/2008 : 3: