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2018 Supreme(Ker) 439

ALEXANDER THOMAS
Radhakrishnan S/o Narayanan – Appellant
Versus
State of Kerala Represented By Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. T.N. Hareendran
For the Respondents: Sri. Saiji Jacob Palatty, Sri. C.A. Majeed, Sri. K.H. Asif

ORDER :

The petitioners herein have been arrayed as accused No.1 and accused No.2 for the offence punishable under Section 138 of the Negotiable Instruments Act in Calendar Case No.4509 of 2010 on the file of the Judicial First Class Magistrate Court-VI, Ernakulam, instituted on the basis of a complaint filed by the second respondent herein. Exhibit-P1 dishonoured cheque dated 5.2.2008 is for Rs.94,000/-.

2. Initially the complaint dated 6.10.2008 was filed by the second respondent herein on 13.10.2008 wherein the sole accused therein is the first revision petitioner herein, who is stated to be the Managing Director of a Chit Company. Later, the complainant had filed application dated 26.2.2014 in purported invocation of the provisions contained in Section 319 of the Cr.P.C. seeking to array the second revision petitioner herein/Chit Company concerned as additional respondent No.2 in the complaint and the said application was allowed by the trial court on 8.1.2014. Summons was thus issued and served and thereupon cognizance was also taken as against the second additional accused Company. The said additional accused No.2 is the Chit Company and the first revision petitioner is stated























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