SHEEBA Vs. STATE OF KERALA

JUDGEMENT

(1.) The third accused in C.C. 88 of 2002 on the file of Judicial First Class Magistrate's Court-II, Trichur has filed this petition under Section 482 of the Code of Criminal Procedure to have Annexure 2 complaint quashed. It is on the basis of Annexure 2 complaint that the Magistrate has taken cognizance of the offence under Section 138 of the Negotiable Instruments Act recording the sworn statement of the complainant/second respondent herein. The first respondent is the State, Accused Nos. 1 and 2 are not impleaded in this petition.

(2.) The case of the second respondent in Annexure 2 complaint in short is that in discharge of debt due from the first accused firm the second accused has issued Annexure I cheque drawn on the account maintained by the first accused firm at the Nagercoil branch of the Indian Overseas Bank signed by him on behalf of the first accused firm in his capacity as its Managing Partner, that it was so issued in the presence of the third petitioner/third accused who also is a Managing Partner of the firm and who along with A2 is managing the affairs of the business of the first accused firm, that on presentation of the cheque for encashment through his Bankers it was returned dishonoured on 15.2.2002 for want of sufficient funds in the account of the first accused firm to honour the said cheque; that thereupon notice was issued through lawyer on 1.3.2002 intimating of the dishonour and demanding payment of the amounts covered by the cheque; that the said notice was accepted by the accused on 8.3.2002 but they have neither paid up the amounts covered by the cheque nor have they issued any reply thereto till date and have thereby committed an offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) The petitioner has no case that the complaint is bad for want of compliance with any of the statutory requirements for filing such a complaint or that the complaint is not filed within the time allowed, after the arising of the cause of action. There is also no case that the allegations in the complaint do not make out the ingredients of an offence punishable under Section 138 of the Negotiable Instruments Act or that allegations in the complaint even if proved on evidence would not make out a case for convictions for offence under Section 138 of the Negotiable Instruments Act. On the other hand it is her case that the allegations do not disclose an offence committed by her as the complainant has no case that she is involved in any transaction with him or in the issuance of the cheque or that any debt or other liability is outstanding from her to the complainant.