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2017 Supreme(Online)(Ker) 31803

IN THE HIGH COURT OF KERALA
A. S. Oka, J
Prakash J. S. v. Thiruvananthapuram Service Co-operative Bank Ltd. and Another


Advocates:
For the Appellants/Petitioners: Sri. Mathew Scaria
For the Respondents: Sri. D. Sajeev, Sri. Saigi Jacob Palatty

Table of Content
1. authority of representative in complaint. (Para 1 , 2 , 3)
2. need for clear authorization in filing complaints. (Para 4 , 5 , 6)
3. trial court's role in legal proceedings. (Para 7)

1. The petitioner is the sole accused alleged for offence punishable under S.138 of the N.I Act in C.C No. 189/2014 on the files of the Judicial First Class Magistrate Court - II, Thiruvananthapuram, instituted on the basis of the complaint filed by the 1st respondent Thiruvananthapuram Service Co - operative Bank limited. The dishonoured cheque involved in this case is for Rs.1,19,200/-. It is stated in the impugned Annexure - Acomplaint that a liability arose out of a loan transaction of Rs.2,00,000/-, that was availed by the petitioner, who is a member of the complainant Service Co - operative Bank.

2. The impugned Annexure - A complaint was filed through the Chief Accountant - in charge of the post of Secretary of the complainant Bank and the complainant has been described in Annexure - A complaint as follows:

"The Thiruvananthapuram Service Co - operative Bank Ltd. Represented by its Chief Accountant - in - charge of Secretary, Smt. A. Ambika."

3. According to the petitioner, it is no

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