NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.1311/2020 on the file of the Court of the Judicial First-Class Magistrate- II, Thrissur ('Trial Court', for short) on a complaint filed by the 2nd respondent alleging the commission of the offence punishable under Sec. 138 of the Negotiable Instruments Act ('N.I Act').

(2.) The substance of the accusation in the complaint is that the cheque issued by the petitioner in discharge of a legally enforceable debt got dishonoured due to "insufficiency of funds" in the petitioner's bank account. Despite receiving the statutory notice demanding payment of the cheque amount, the petitioner failed to pay the amount.

(3.) The petitioner has approached this Court, invoking its inherent jurisdiction, to quash the complaint on the ground that the dispute between the parties has amicably settled in mediation, and has culminated in a decree in O.S.No.2380/2020 filed by the 2 nd respondent before the Court of the Additional Munsiff, Thrissur, for recovery of money based on the very same transaction.