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2023 Supreme(Online)(KER) 9598

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, SRI.G.SUDHEER, PUBLIC PROSECUTOR

O R D E R

This petition has been filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A4 complaint in C.C.No.2205 of 2017 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-5 chart. The amount due as per cheque no.197167, dated 16.05.2017 for an amount of Rs.3,63,375/- (Rupees Three lakhs Sixty Three Thousand Three Hundred and Seventy Five only), was paid in part by payment of an amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) through RTGS mode on 30.03.2019. The balance payment as against cheque

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