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2022 Supreme(Ker) 786

MARY JOSEPH
Preesa Foods And Spices(India) Private Limited – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.O.RAMACHANDRAN NAMBIAR, SRI.GEEN T.MATHEW
For the Respondent: SMT T V NEEMA, SRI.R.SREEHARI

ORDER :

1. This petition is filed by the 2nd accused under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) seeking to quash S.T.No.986/2017 pending on the files of Judicial First Class Magistrate Court, Ottapalam (for short ‘the court below’) and all proceedings initiated pursuant thereto. S.T.No.986/2017 is a prosecution launched under Section 142 of the Negotiable Instruments Act, 1881 (for short ‘NI Act’) alleging commission of an offence punishable under Section 138 NI Act by respondent No.2 against petitioner and respondent No.3. Petitioner is the 2nd accused in the prosecution. 1st respondent is the State, 2nd respondent is the complainant and the 3rd respondent is the 1st accused in the case. According to the 2nd respondent/complainant, stationary goods were purchased by the accused from his stationary shop for a sum of Rs.1,49,560/-and towards payment of it’s cost, 3rd respondent (1st accused) issued a cheque bearing No.418935 dated 28.03.2017, drawn on account No.30781221971 maintained by him at State Bank of India, Ottapalam Branch for a sum of Rs.1,49,560/-. At the time of issuance of cheque, the 3rd respondent made the complainant believe that fu

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