LAWS(KER)-2021-2-196

SREESAN ADIYAT Vs. NARAYANAN PERUMBARAMBIL

Decided On February 10, 2021
Sreesan Adiyat Appellant
V/S
Narayanan Perumbarambil Respondents

JUDGEMENT

(1.) The petitioner is the accused in S.T.No.530/2018 on the files of the court below. Annexure-A1 complaint was filed against the petitioner by the 1st respondent herein, alleging offence under Sec. 138 of the Negotiable Instruments Act, (for short "the N.I. Act"), 1881. The petitioner has filed this Crl.M.C. praying for quashing Annexure-A1 complaint and further proceedings against the petitioner in S.T.No.530/2018.

(2.) Heard.

(3.) The learned counsel for the petitioner has argued that since all the documents relating to the payment of the amount were not produced by the complainant along with the complaint, no successful prosecution can be maintained. The said argument of the learned counsel for the petitioner does not appears be sound. The documents pertaining to the transactions involved in this case will be produced by the complainant at the relevant time if the complainant finds it necessary to be produced. However, whether such documents are necessary or not in a case of this type will be considered by the trial court at the appropriate stage.