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2024 Supreme(Online)(KER) 56226

HIGH COURT OF KERALA
MR..RENJITH K.V. – Appellant
Versus
RASHI PERIPHERALS (PRIVATE LIMITED) – Respondent


O R D E R

The petitioner, who is the 1st accused in C.C.No.2862 of 2016 on the files of the Judicial First Class Magistrate Court (NI Act Cases), Kochi, has filed this petition under Section 482 of the Code of Criminal Procedure to quash the proceedings in the said case.

2. The aforesaid case originated from a complaint preferred by the 1st respondent herein against the present petitioner and one Sijo Sunny, in respect of the commission of offences under Sections 138 and 142 of the Negotiable Instruments Act. In the complaint filed before the learned Magistrate, the petitioner herein and the other accused by name Sijo Sunny were arraigned in their capacity as authorised signatories to ‘Oasis Systems and Technologies’, a partnership firm engaged in the business of selling computer peripherals and allied equipments. The grievance of the 1st respondent was that a cheque dated 23.02.2016 for an amount of Rs.1,68,529/- drawn by the aforesaid partnership firm in favour of the 1st respondent, towards the discharge of that debt, happened to be dishonoured for the reason of insufficiency of funds, and that in spite of issuance of legal notice, the petitioner herein and the other accused did

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