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2023 Supreme(Online)(KER) 5172

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, PREETHA S CHANDRAN, ABHIJITH SREEKUMAR, JOSEPH KIRAN D. THEKKEKARA, SRI. RENJIT GEORGE, SR.PUBLIC PROSECUTOR, SAJI VARGHESE T.G

O R D E R

This petition has been filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A3 complaint in C.C.No.107 of 2017 on the file of the Judicial First Class Magistrate Court-XII, Thiruvananthapuram. The petitioner is the first accused in the above case.

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

A. 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-4 chart. The liability of the accused persons as far as the cheque no.286956 dated 08.01.2015 for an amount of Rs.5,89,890/- (Rupees Five Lakhs Eighty Nine Thousand Eight Hundred and Ninety only), drawn on the State Bank of Travancore, Kaloor, Ernakulam Branch was paid in full by payment of an amount of Rs.45,00,000/- (Rupees Forty Five Lakhs only) through RTGS mode on 23.03.2016. Therefore, the substratum of the respondent's case does not exist as on today.

B. It is submitted that as the substrate of the

2nd Respondent's case does

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