VIJAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in this Criminal Miscellaneous Case is to quash the impugned Annexure-A complaint in ST No.225/2017 on the file of the Additional Chief Judicial Magistrate's Court, Thrissur.

(2.) Heard Sri.C.D.Dileep, learned counsel appearing for the petitioner (accused) and Sri.A.D.Ravindra Prasad, learned counsel appearing for R-2 (complainant) and Sri.Saigi Jacob Paletty, learned Prosecutor appearing for R-1and R-3.

(3.) The petitioner is an accused for offence punishable under Section 138 of the Negotiable Instruments Act in Annexure-A complaint in ST No.225/2017 on the file of the Additional Chief Judicial Magistrate's Court, Thrissur instituted on the basis of a complaint filed by R-2, Thrissur Service Co-operative Bank Ltd., Thiruvambadi P.O., Thrissur. The dishonoured cheque dated 12.11.2012 is for Rs.1,00,000/-. As per the complaint, the said dishonoured cheque for Rs.1,00,000/- was issued in partial discharge of the liability owed by the accused to the complainant in a loan transaction availed by the accused for Rs.10,00,000/-.