SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

K.A.MOHAMMED SHAFI
Pandalai – Appellant
Versus
Jacob C. Alexander and another – Respondent


ORDER

K.A. Mohamed Shaft, J. – These, M.Cs. are filed by the accused in C.C. Nos. 464/98 and 376/99 pending before the Judicial First Class Magistrate's Court -V, Thiruvananthapuram, and Addl. Chief Judge. Magistrate's Court, Thiruvananthapuram, respectively, to quash the entire proceedings under Section 482 of the Cr. P.C.

2. On the basis of Annexure - B complaints filed by the complainant, who is the 2nd respondent in Crl. M.C. 2719/ 99 and 1st respondent in Crl. M.C. 3383/ 99, the petitioner is standing trial for the offence punishable under Section 138 of Negotiable Instruments Act before the J.F.C.M.'s Court-V, Thiruvananthapuram and C.J.M.'s Court, Thiruvananthapuram respectively. Annexure A is the copy of the notice sent by the complainant intimating the petitioner about the dishonour of the cheques and calling upon him to pay the amount.

3. The petitioner has contended that Annexure - A notice sent on behalf of the drawee of the cheque is not in conformity with proviso (b) to Section 138 of the N.I. Act, that Annexure - B complaint does not disclose, the ingredients of the offence punishable under Section 138 of the N.I. Act and that the notice is issued not as per the instruc



















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top