TESS THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of Cr.P.C to quash Annexure-1 complaint in S.T. No.5291/2020 on the files of the Judicial First Class Magistrate Court, Pala, alleging commission of offence under Sec. 138 of Negotiable Instrument Act.

(2.) Heard the learned counsel for the petitioner as well as the learned counsel appearing for the 2nd respondent in this matter.

(3.) It is argued by the learned counsel for the petitioner that in the complaint, it is alleged that the accused herein issued cheque for Rs.9.00 lakh dtd. 14/8/2020 to discharge the liability arising out of money handed over to the complainant to one Danty, the brother-inlaw of the accused and also Rs.6.00 lakh given directly to the accused. When the cheque presented for encashment, the same got dishonoured and, thereafter, when notice was issued demanding the amount covered by the cheque, no amount paid. Accordingly, prosecution was launched alleging commission of offence punishable under Sec. 138 of the Negotiable Instrument Act.