GIRIJA K.V Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in this Crl.Miscellaneous Case filed by virtue of the enabling provisions contained in Section 482 of the criminal proceedings, 1973 is as follows :

(2.) Heard Sri.Mereena Joseph, learned counsel appearing for the petitioner/accused, Sri.Philip.T.Varghese, learned counsel appearing for R2/complainant Company and Sri.Jestin Mathew, learned prosecutor appearing for R1/State.

(3.) The main proceedings under challenge in this petition is the one at Annexure-A2 whereby the Court of Metropolitan Magistrate, 19th Court, Calcutta, has summoned the petitioner to appear before that Court in relation to the complaint in CS/0094911/2016 filed by the second respondent Company. The offence alleged against the petitioner is the one punishable under Section 138 of the Negotiable Instruments Act. The second respondent herein is the complainant and the petitioner herein is the accused in Annexure-A2 proceedings. This Court had passed an order dated 22.3.2017 in this petition which reads as follows :