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2017 Supreme(Ker) 1417

ALEXANDER THOMAS
E. K. Jaleel – Appellant
Versus
State of Kerala – Respondent


ORDER

Alexander Thomas, J.

1. The prayer in this Criminal Miscellaneous Case filed under Sec.482 of the Cr.P.C. is for an order from this Court to quash the entire proceedings in C.C.No. 2831/2015 on the file of the Special Judicial First Class Magistrate's Court (N.I.Act Cases), Kozhikode, on the ground that the cognizance in this case has been taken by learned Magistrate, without conducting the inquiry as contemplated under Sec. 202 of the Cr.P.C.

2. The brief facts in this case may be stated as follows:- The petitioner herein is implicated as accused No.3 in the impugned Anx.A complaint filed by the 2nd respondent alleging offence punishable under Sec.138 of the Negotiable Instruments Act. The complaint proceeds on the basis that the dishonoured cheque in question for an amount of Rs. 35 lakhs, has been been drawn from the account maintained by the 1st accused company and that the signatory of the said cheque is accused No.2. Further that the 2nd accused and the petitioner (A-3), who are stated to be the directors of the 1st accused company, are actually involved and participating in the day to day affairs of the 1st respondent company, etc. The main allegation raised in the compla










































































































































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