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2017 Supreme(Ker) 727

ALEXANDER THOMAS
P. C. Achankunju, S/o. Chacko – Appellant
Versus
House of Tiles, Koothatukulam – Respondent


Advocates Appeared:
For the Petitioner:Sri. P.V. Jayachandran, Sri. Nidhi Balachandran and Smt. G.N. Deepa, Advocates.
For the Respondents: Sri. Saigi Jacob Palatty, PP., Sri. N. Nagaresh, Assistant Solicitor General.

ORDER :

Alexander Thomas, J.

The petitioner is accused No.2 in C.C.No.218/2016 on the file of the Judicial First Class Magistrate Court, Koothattukulam, instituted on the basis of a complaint filed by respondents 1 & 2 alleging offence punishable under Section 138 of the Negotiable Instruments Act. Anx.A-6 is the copy of the impugned complaint. Accused No.1 therein is a chit company. The petitioner and another person, who are alleged to be the Directors of the alleged chit company, have been arrayed as accused Nos.2 & 3. The gist of the allegations in the impugned Anx.A-6 complaint is that towards the amounts, which are owed by the 1st accused chit company to the complainant in the chit transactions entered into by him with the company, the cheque in question for an amount of Rs.33 lakhs dated 24.11.2015 drawn from the account maintained by the 1st accused company has been issued and executed by accused Nos.2 & 3, who are the Directors and signatories of the said cheque. It is also alleged in the said complaint that the 1st accused chit company was closed some time in August, 2015, and that the police authorities of Koothattukulam, had initiated criminal proceedings against the compa





































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