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2000 Supreme(Ker) 123

K.A.MOHAMMED SHAFI
S. G. Pandalai – Appellant
Versus
Jacob C. Alexander – Respondent


Judgment :-

K. A. MOHAMED SHAFI J.

These M.Cs. are filed by the accused in C.C. Nos. 464 of 1998 and 376 of 1999 pending before the judicial First Class Magistrate's Court-V, Thiruvananthapuram and Chief Judicial Magistrate's Court, Thiruvananthapuram, respectively, to quash the entire proceedings under section 482 of the Criminal Procedure Code, 1973.

On the basis of annexure B complaints filed by the complainant, who is the second respondent in Crl. M.C. No. 2719 of 1999 and the first respondent in Crl. M.C. No. 3383 of 1999, the petitioner is standing trial for the offence punishable under section 138 of the Negotiable Instruments Act before the Judicial First Class Magistrate's Court-V, Thiruvananthapuram and Chief Judicial Magistrate'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.

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 Negotiable Instruments Act, that annexure B complaint does not disclose the ingredients of the










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