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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
TIJO GEORGE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. the petitioners challenged their prosecution based on a previous acquittal. (Para 1 , 2 , 3) |
| 2. petitioners argued the current prosecution is unsustainable due to the nature of cheque signing. (Para 5 , 6) |
| 3. court differentiated liability based on account maintenance and cheque signing. (Para 7 , 8) |
| 4. the prosecution was declared unsustainable based on established legal principles. (Para 9) |
O R D E R
The accused Nos.1 & 2 in S.T. No.2696/2017 on the files of the Judicial First Class Magistrate Court-I, Ettumanoor, has filed this petition under Section 482 of the Code of Criminal Procedure, 1973, to quash the proceedings against them in the aforesaid case. The allegation against the petitioners is that they committed the offence punishable under Section 138 of the Negotiable Instruments Act,1881(in short, ‘ NI Act’).
2. The case of the complainant/second respondent is summarised as follows:
The petitioners who conduct money lending business under the name and style “P.K. Financiers” availed a loan of Rs.85,00,000/- from the complainant during the year 2012-2013. Towards the repayment of the said amount, two cheques of Rs.30,00,000/- each, and one cheque for Rs.25,00
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