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2017 Supreme(Ker) 816

ALEXANDER THOMAS
K. M. Narayanan – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioners:S. Easwaran, P. Muraleedharan (Irimpanam), M.A. Augustine, P. Sreekumar (Thottakkattukara), Soumya James, Advocates
For the Respondents:Jestin Mathew, Public Prosecutor, N. Sudha (By Order), K.S. Babu, N. Sudha, Babu Shankar, Advocates

JUDGMENT :

1. The two petitioners herein are accused for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C. No.606 of 2016 on the file of the Judicial First Class Magistrate Court-II, Thrissur, instituted on the basis of a complaint filed by the second respondent Chit Company.

2. The dishonoured cheque dated 9.1.2013 is for Rs.56 lakhs drawn from a joint account of both the accused maintained in the State Bank of Travancore, Thottakkattukara Branch. According to the averments in the complaint, the said cheque has been issued by the accused to discharge the liability owed by them in a transaction with the second respondent Chit Company. Annexure-A4 is the copy of the abovesaid complaint dated 20.3.2013 which has led to the institution of C.C.No.606 of 2016. The prayer in this Crl. Miscellaneous Case is for quashing the abovesaid complaint.

3. Heard Sri.S.Easwaran, learned counsel appearing for the petitioners/accused, Smt.N.Sudha, learned counsel appearing for R2/complainant and Sri. Jestin Mathew, learned prosecutor appearing for R1/State.

4. Among the various contentions urged on behalf of the petitioners, Sri. S. Easwaran, learned counsel appearing for







































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