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2016 Supreme(SC) 445

DIPAK MISRA, SHIVA KIRTI SINGH
K. S. Joseph – Appellant
Versus
Philips Carbon Black Ltd. – Respondent


JUDGMENT :

SHIVA KIRTI SINGH, J.

By the common impugned order dated 04.09.2012 passed in Crl.M.C. Nos. 2902 and 2903 of 2012 by the High Court of Kerala at Ernakulam under Section 482 of the Code of Criminal Procedure (for short, ‘Cr.P.C.’) prayer of the appellant to quash order of cognizance and issuance of summons in a case under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’) has been rejected by a very short and summary order to the effect that submissions were not impressive and if the appellant has any sustainable ground of defence, he can canvass the same before the Magistrate.

2. The appellant is an accused in two cases of similar nature wherein cheques issued by the accused person in favour of the complainant have not been honoured. On behalf of appellant it was highlighted that the cheques bounced on 24.01.2006 because of a direction to stop payment issued by the appellant because he had allegedly already made all the required payments. His defence that five blank cheques had been given to the complainant by way of security cannot be considered at the present stage but he has raised three other legal grounds. Firstly, the complaint













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