Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
ARVIND SINGH RAJPOOT – Appellant
Versus
M/S.INTERSIGHT HOLIDAYS PVT. LTD – Respondent
| Table of Content |
|---|
| 1. the complainant lacks standing due to the issuance of cheques in a different entity's name. (Para 2 , 4 , 8) |
| 2. cited requirements for filing a complaint under section 138 of the ni act. (Para 3 , 6 , 9) |
| 3. established the issue of locus standi in relation to cheque complaints. (Para 5 , 7) |
| 4. the final decision to quash the complaint. (Para 10) |
CR
ORDER
Dated this the 21st day of August, 2023
This is a petition filed under Section 482 of the Code of Criminal Procedure .
2. The 2nd accused in C.C.234/2016 on the files of the Judicial First Class Magistrate Court-IV, Ernakulam seeks quashment of complaint on the ground that the complainant has no locus standi to prosecute the 2nd accused on alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act' for short)
3. Heard. Perused the relevant documents.
4. The learned counsel for the petitioner submitted that Annexure F, F1 and F2 cheques for Rs.50,000/-, Rs.1,00,000/- and Rs.1,00,000/- respectively, where from the prosecution emanates, were issued in the name of 'Intersight Tours and Travels Pvt. Ltd'. But on dishounour of the cheque, the Direct
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
