AIR LINK INDIA LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 and 2 in a prosecution under Section 138 of the Negotiable Instruments Act. The first accused is a company and the second accused, its Deputy Regional Manager, is the person who has allegedly signed in the cheque on behalf of the first accused. Cognizance has been taken by the learned Magistrate against the petitioners herein as also the third accused, the Manager of the Thiruvananthapuram unit of the first accused company.

(2.) The petitioners have come to this court with a prayer that the proceedings against them may be quashed invoking the powers under Section 482 Cr.P.C.

(3.) What is the reason? The learned counsel for the petitioners submits that blank signed cheques were misutilised by the third accused and were handed over to different persons including the complainant. In these circumstances, petitioners 1 and 2 cannot be saddled with any liability on those cheques.