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2010 Supreme(Ker) 164

P.S.GOPINATHAN
V. S. Reddy, Propreitor, British – Appellant
Versus
M/S. Excel Glasses Ltd – Respondent


Advocates appeared:
For The Petitioner:P. Vijayakumar, Advocate. For The Respondent:Public Prosecutor.

Judgment :

1. The revision petitioner in Crl.R.P.No.1687/2005 as well as the petitioner in Crl.M.C.No.1970/2005 is the accused in CC.No.315/2004 on the file of the Chief Judicial Magistrate, Alappuzha. (Hereinafter, he is referred as the petitioner). The first respondent in both proceedings is the complainant before the trial court. The first respondent in his complaint alleged that the petitioner issued three cheques, totally for a sum of Rs.11,08,474/-, in discharge of a liability arising out of a business transaction, whereby the petitioner purchased Glass bottles from the first respondent and that when presented for collection, the cheques were returned dishonoured with endorsement 'payment stopped by the drawer' and that there was no balance in the account of the petitioner and that though a notice demanding discharge of liability was caused, neither any reply was sent nor the liability was discharged. The learned Magistrate took cognizance and issued process.

2. The petitioner, after accepting the process, filed a petition before this Court as Crl.M.C.No.2685/2004 seeking an order to quash the complaint in exercise of the powers conferred on this Court under Sec.482 of the Cr


























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