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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
K.K.CHITHIRAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations under section 138 presented. (Para 1 , 2) |
| 2. defendant's non-managerial claim. (Para 3) |
| 3. insufficient evidence to support denial of responsibility. (Para 5 , 6) |
| 4. explanation of section 141’s implications. (Para 7) |
| 5. principles from precedence on quashing complaints. (Para 8 , 9 , 10) |
| 6. final order and dismissal of petition with directions. (Para 11) |
O R D E R
The petitioner is the 2nd accused in C.C.No.1610 of
2017 on the file of the Court of the Judicial Magistrate of First Class, Thrippunithura, which has been filed by the 2nd respondent alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('Act', in short). The petitioner contends that even if the allegations in Annexure A1 complaint are taken on its face value, the same will not attract the offence against the petitioner. The petitioner is not the Managing Director of the 1st accused-company. The petitioner has never been in charge of the affairs of the 1st accused-company. The petitioner has not signed or issued the cheque on behalf of the 1st accused-company. As per Annexure A3 certificate issued by the Registrar of the Companies, Ernakulam, it
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