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2014 Supreme(Ker) 126

B.KEMAL PASHA
M. A. Abida – Appellant
Versus
HMT Watches – Respondent


Advocates Appeared:
For the Petitioner:P. Jacob Varghese, Sr. Advocate, P.J. Vivek Varghese, P.J. Vinod Joseph, Advocates.
For the Respondents:R1, M. Pathrose Matthai, Sr. Advocate, Saji Varghese, Mariam Mathai, Advocates.

Judgment :

1. The petitioner, who is the accused in 20 criminal cases instituted on the basis of private complaints filed by the 1st respondent, as complainant, alleging the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N.I.Act), consequent to the dishonour of 57 cheques for a total amount of Rs.1,79,86,357/-, has come up with the prayer for the intervention of this Court under Section 482 Cr.P.C., for getting the complaints in those 20 cases pending on the files of the Judicial First Class Magistrate's Courts-III and IV Kochi, quashed.

2. According to the petitioner, the said cases were taken cognizance of, and the same are pending trial before the Judicial First Class Magistrate's Court-III, Kochi as C.C.Nos.1208, 1209, 1210, 1211 and 1212 of 2007, and before the Judicial First Class Magistrate's Court-IV, Kochi as C.C.Nos.1790, 1791, 1792, 1793, 1794, 1795, 1796,1824, 1825, 1826, 1827, 1828, 1829,1830 and 1831 of 2007.

3. The gist of those complaints is that the petitioner had issued all those 57 cheques dated 28.9.2006 to the 1st respondent in discharge of the outstanding liability of the petitioner to the 1st respondent, a








































































































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