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2023 Supreme(Online)(KER) 5192

HIGH COURT OF KERALA
A. BADHARUDEEN, J
M/S JEEVAN TELECASTING CORPORATION LTD. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
RENJITH B.MARAR, LAKSHMI.N.KAIMAL, ARUN POOMULLI, SURABHI SANTHOSH, PREETHA S CHANDRAN, ABHIJITH SREEKUMAR, SAJI VARGHESE, T.G MARIAM MATHAI, SRI. G. SUDHEER

O R D E R

This petition has been filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A2 complaint in C.C.No.747 of 2016 on the file of the Judicial First Class Magistrate Court-XII, Thiruvananthapuram. The petitioners are accused Nos.1 and 3 in the above case.

2. The specific contentions raised by the petitioners to quash the complaint are as under:

A. It is submitted that the 2nd Petitioner herein is only an employee and authorized signatory of the 1st Petitioner company and does not have any control over the day to day affairs of the company.

B. It is submitted that even if it is assumed that there exists a legally enforceable debt, against which a cheque was issued, and the same was dishonoured, the loss suffered by the 2nd Respondent on account of the same has been made good by subsequent payments as reflected in the Annexure A-3 chart. The liability of the accused persons as far as the cheque no.197094 dated 11.12.2015 for an amount of Rs.3,42,000/- ( Rupees Three lakh Forty Two Thousand only) drawn on the State Bank of Travancore, Kaloor, Ernakulam Branch, as also other cheques (nos.197086 to 197095) were discharged by payment of an amount of Rs.35,00,00

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