MARY JOSEPH
Preesa Foods And Spices(India) Private Limited – Appellant
Versus
State Of Kerala – Respondent
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
Bhaskaran v. Balan [1999 (3) KLT 440 (SC)]
Balachandran V. State of Kerala [2017 (3) KLT 1081]
Dalmia Cement (Bharat) Ltd. V. Galaxy Traders & Agencies Ltd. and Others [2001(6) SCC 463]
Dashrath Rupsingh Rathod v. State of Maharashtra [2014 (3) KLT 605 (SC)]
Fakrudhin V.P. v. State of Kerala and Another (2014 (4) KHC 815)
Himanshu v. B.Shivamurthy and Another [2019 (1) KHC 540]
Harihara Krishnan N. V. J .Thomas [2017 (4) KHC 699 (SC)]
Harshendra Kumar D. V. Rebatilata Koley and Others [2011 (3) SCC 351]
Indira Gandhi Memorial General Marketing Society Ltd. V. Roys Abraham and Another [2017 KHC 730]
Kusum Ingots & Alloys Ltd. v. Pennar Peterson Securities Ltd. and Others [2000 (2) SCC 745]
Krishna Texport & Capital Markets Ltd. v. Ila A. Agrawal and Others [2015 (2) KHC 793
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