COLOMBO UMBRELLA HOUSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent and the learned Public Prosecutor.

(2.) First petitioner is a firm and the second petitioner is its partner, who is representing the first petitioner firm. The petitioners are involved in manufacturing of umbrellas. The second respondent is a Company represented by its Managing Director and claims that they had produced advertisement for the umbrellas manufactured by the petitioners for the purpose of transmitting those visuals in different channels like ACV, Kairali, Asianet and Malayalam Communications. On account of such transmission of the advertisement, the petitioners were liable to pay a sum of Rs.4,90,451/- to the complainant, which they did not pay. The complainant had on behalf of the petitioners issued 12 cheques to Asianet. But all those cheques were dishonoured in consequence of which Asianet proceeded against the complainant under Section 138 of the Negotiable Instruments Act. The petitioners state that they had no contact whatsoever with the complainant and that their dealings regarding their advertisements were directly with the telecasting companies. Annexure-A is the private complaint filed by the complainant wherein it is stated that without paying the amount for the advertisements released by the complainant, the petitioners have cheated them. Annexure-A complaint was forwarded to the Palarivattam Police Station for investigation under Section 156(3) Cr.PC, in consequence to which Crime No.636/2011 was registered against the petitioners. The same has been taken cognizance of by the Judicial First Class Magistrate's Court-IX, Kunnumpuram, Ernakulam as CC No.914/2016.

(3.) The learned counsel for the petitioners submits that a perusal of the complaint and the lawyer notices preceding that complaint produced as Annexure-C would indicate there was no element of cheating as alleged. A reading of Annexure-C notice sent by the Advocate on behalf of the complainant indicates a simple demand for Rs.4,90,451.40 from the petitioners on account of transmission of their advertisement through different channels. It is also stated that the payment was agreed to be made in six equal installments. But even the first payment, which was due on 10.8.2008, was defaulted and therefore, a demand has been raised for a sum of Rs.6,67,013/- from the petitioners, which includes interest on the amount due.