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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
SCARIA K.THOMAS – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of criminal prosecution under sec 138. (Para 1 , 2) |
| 2. petitioner’s denial of liability for the cheque. (Para 3 , 7) |
| 3. court emphasizes need for specific pleadings to establish liability. (Para 6 , 8) |
O R D E R
The petitioner faces criminal prosecution for the commission of offence under Section 138 of the Negotiable Instruments Act , 1881, in S.T.No.231/2017 on the files of the Chief Judicial Magistrate Court, Kottayam. In the present petition filed under Section 482 of the Code of Criminal Procedure , 1973, he seeks to quash the proceedings against him in the aforesaid case.
2. The second respondent herein had instituted Annexure-I complaint before the Chief Judicial Magistrate Court, Kottayam, arraigning the following persons as accused.
“1. M/s. Kuttiyanickal Rubbers Pvt. Ltd., Represented by its Authorised Signatories, Mr. Kuruvila K Thomas, aged 64 years, S/o. Thomas Kuruvila, Kuttiyanickal H, Near YWCA, 31st Mile, Mundakayam, Near Post Office, Kottayam, Kerala-686513. (Mundakayam, Kottayam Police Station Limit)
2. Mr. Kuruvila K Thomas, Rep by its Authorised Signatories, M/s Kuttiyanickal Rubbers Pvt. Ltd., aged 64 years, S/o. Thomas Kuruvila, Kuttiy
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