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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SAINUL ABDEEN.S – Appellant
Versus
FINVENT FINANCE AND INVESTMENT LIMITED – Respondent
| Table of Content |
|---|
| 1. complaint initiated under n.i. act for dishonored cheques due to loan default. (Para 1 , 2) |
| 2. petitioner argues lack of enforceable debt and fraudulent actions concerning loan. (Para 3 , 4 , 5) |
| 3. execution of cheques not disputed; however, petitioner claims absence of valid debt. (Para 6 , 7) |
| 4. court stresses pre-trial limitations on quashing under section 138 without examining evidence. (Para 9) |
| 5. crl.m.c. dismissed, allowing petitioner to present defenses at trial. (Para 10) |
C.S.DIAS, J.
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Crl.M.C. No.2182 OF 2021 --------------------------------------------
Dated this the 6th day of February, 2026 ORDER The petitioner is the accused in CC No.1012/2020 on the file of the Court of the Judicial First Class Magistrate-III, Palakkad, which has been filed by the 1st respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act (‘N.I.Act’, in short).
2. The 1st respondent has filed the above complaint against the petitioner alleging that he had availed a loan from the 1st respondent to purchase a motor cycle on 28.03.2016. As the petitioner failed to pay the equated monthly insta
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