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2017 Supreme(Online)(KER) 33513

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
SHAKIRA ABOOBACKER – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

The petitioners herein are the two accused for the offence punishable under Section 138 of the Negotiable Instruments Act in S.T.No.2065 of 2014 on the file of the Judicial First Class Magistrate’s Court, Ponnani, instituted on the basis of a complaint filed by the second respondent herein.

2. The three dishonoured cheques dated 1.6.2014 involved in this case is for Rs.7,50,000/-, Rs.3,50,000/- and Rs.1,50,000/-, thus totalling to an amount of Rs.12,50,000/-. Annexure-A1 is the copy of the impugned complaint in that regard. The case projected in the said complaint is that the first petitioner herein (A1) is an Educational Trust which is carrying on the activity of running a school and that the second petitioner (A2) herein is the chairperson of the said Trust, who is responsible for the conduct of the day to day affairs of the first petitioner Trust. It is alleged in the complaint that for the purpose of construction activities of the school building belonging to the petitioners, the second petitioner (A2) had borrowed a total amount of Rs.15,00,000/- on different occasions from the complainant. It is also alleged that Crl.M.C.No.546/16 ::2::

acknowledging the said liability

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