ASHA BAWRI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed under Sec. 482 of the Code of Criminal Procedure for quashing Annexure-A3 complaint and consequential proceedings on the files of the Judicial First Class Magistrate Court (N.I Act Cases), Ernakulam. The Respondents herein are State of Kerala and the defacto complainant.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Notice to the 2nd Respondent stands dispensed with.

(3.) In this matter as per Annexure-A3 complaint, the 2nd Respondent herein launched prosecution alleging commission of offence under Sec. 138 r/w 142 of the Negotiable Instruments Act (hereinafter referred to as the 'N.I Act' for convenience) consequent on dishonour of cheque for Rs.5,10,186.00 alleged to be issued by the petitioner herein for the value of the goods purchased by the petitioner/accused from the complainant and other charges. While canvassing quashment of the entire proceedings, it is submitted by the learned counsel for the petitioner that as per Annexure-A6 registered notice dtd. 10/10/2015, the petitioner informed the 2nd Respondent that due to some changes in the management from 4/7/2015, all the previous liability would be undertaken by Sri Montu Saikia as per a registered agreement. Therefore, the petitioner herein has no liability in so far as the dishonour of the cheque is concerned and therefore the prosecution is without any basis and the same required to be quashed.