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2017 Supreme(Ker) 1444

ALEXANDER THOMAS
Shahanamol Mehrunniza – Appellant
Versus
Kunjumon – Respondent


Advocates Appeared:
For the Appellant : Noble Raju Adv.
For the Respondent: N Nagaresh (ASG of India), Suvin R Menon (CGC), Saigi Jacob Palatty (PP), Ashik K Mohammed Ali Adv. & Sajna T Ummer Adv.

ORDER :

Alexander Thomas, J.

1. The petitioner in Crl. M. C. No. 1548 of 2016 is accused No. 3 in C. C. No. 513 of 2015 on the file of the Judicial First Class Magistrate Court (N.I. Act Cases), Kochi, for the offence punishable under Section 138 of the Negotiable Instruments Act, instituted on the basis of a complaint filed by the first respondent herein.

2. The gist of the allegation in the complaint is that the first respondent herein, who is a local business man, has paid Rs.5,00,000/- to the petitioner (A3) and her husband (A2) on the assurance of providing directorship of the first accused Company. But, the first respondent was not given the directorship of the Company as ensured by the petitioner and her husband. It is stated in the complaint that the accused and her husband had made arrangements to return the said amount of Rs.5,00,000/- by the issuance of the cheque in question. The second accused (petitioner's husband) is the Managing Director of the first accused Company who has signed and issued the cheque in question and that the third accused (petitioner herein) is also responsible for the conduct of the day to day affairs of the business of the first accused Company. Th











































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