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A.HARIPRASAD
Anagha Prasad – Appellant
Versus
M. C. Abu – Respondent


Counsel for the Parties:
For the Petitioner:P. Venugopal (1086/92), T.J. Maria Goretti, Advocates
For the Respondents:R1, P. Samsudin, Advocate, R2 Justin Jacob, Public Prosecutor.

ORDER

A. Hariprasad, J.—Common questions of fact and law arise in these three cases. Hence, they are heard together and disposed by this common order.

2. Legal puzzles arising herein for determination are as follows:

(i) Whether dishonour of a cheque, drawn by a person during minority for discharging a debt or liability towards another, will invite an offence under Section 138 of the Negotiable Instruments Act, 1881.

(ii) Does it make any difference if the cheque was a post-dated one and its dishonour takes place after the quondam minor attained majority.

3. In order to find out answers to these questions, we shall consider the skeletal facts in these cases. Petitioner in these cases are the accused in three different private complaints filed by the 1st respondent before the learned Judicial First Class Magistrate, Nilambur. In all the three complaints, the offence alleged against the petitioner is one under Section 138 of the Negotiable Instruments Act, 1881 (in short, “the NI Act”). 1st respondent/complainant is the Managing Partner of a firm, conducting a business by name Persian Jewellery, Nilambur. Petitioner’s mother was an employee in the said firm. While so, the petitioner,















































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