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2005 Supreme(Ker) 519

V.RAMKUMAR, K.PADMANABHAN NAIR
Mymoonath Beevi – Appellant
Versus
State of Kerala, Rep. by the Public Prosecutor – Respondent


Judgment :-

Ramkumar, J.

The common petitioner in all these criminal miscellaneous cases is the common 3rd accused in 8 private complaints filled before the Judicial Magistrate of First Class-I, Ernakulam. The common 2nd respondent in all these Crl.M.s. is the common complainant in all the private complaints referred to above. The said complainant is a proprietary concern by name “International Trade Linksâ€, Ernakulam. As per the said private complaints produced as Annexure A1 in each of these cases, the 2nd respondent herein has sought to prosecute a partnership firm by name “M/s. Star Tradingâ€, Kochi, which is the 1st accused. One Ali and his wife, who is the petitioner herein, are the Managing Partner and Partner respectively of the said firm and they are arrayed as accused Nos.2 and 3 respectively. The offence alleged is one punishable under sec.138 of the Negotiable Instruments Act, 1881 (“the Act†for short).

2. In each of the said private complaints, the complainant has inter alia alleged that the 2nd and 3rd accused who are the Managing Partner and Partner respectively of the 1st accused firm are collectively looking after the affairs of the firm, that they are jo














































































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