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THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA, J
MR. SUJITH SUDHAKARAN – Appellant
Versus
MR. LALU JACOB MAMMEN – Respondent
| Table of Content |
|---|
| 1. introduction of the parties and petition context. (Para 1) |
| 2. arguments presented by both parties regarding the role of the petitioner. (Para 2) |
| 3. overview of legal actions taken by the parties. (Para 3) |
| 4. anxious consideration of submissions and material on record. (Para 4) |
| 5. factual findings regarding the petitioner’s role in the company. (Para 5 , 6) |
| 6. judicial principles regarding director liability under section 138. (Para 7) |
| 7. application of legal principles to the facts of the case. (Para 8) |
| 8. final order quashing the proceedings. (Para 9) |
ORAL ORDER
The petitioner-accused No.3 in C.C.No.32008 of 2014 is at the doors of this Court calling in question the proceedings so registered for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘Act’ for short).
2. Heard Sri.Prakash B.N., learned counsel appearing for the petitioner, Sri.Nache Gowda B.H, learned counsel appearing for the respondent.
3. Facts in brief, germane, are as follows:
3.1. The respondent institutes proceedings under the Act, by issuing a notice for two cheques dated 27.09.2014 and 29.09.2014. The complaint comes to be registered on 29.11.2014. The concerned Court takes co
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