AMEER SHAH Vs. STATE OF KERALA

JUDGEMENT

(1.) The complaints involved in these cases are those alleging offence punishable under Section 138 of the Negotiable Instruments Act against the petitioner. In these three petitions, petitioner is the same person. These petitions are filed by the petitioner seeking quashment of the impugned criminal proceedings on the ground that the petitioner is not the drawer of the dishonoured cheques involved in each of these cases. Crl.M.C.No.3415 of 2017 arises out of S.T.No.6970 of 2015 on the file of the Judicial First Class Magistrate's Court-I, Kottayam, wherein he has been arrayed as the sole accused. In Crl.M.C.No.3427 of 2017 (arising out of S.T.No.1582 of 2015) and in Crl.M.C.No.3428 of 2017 (arising out of S.T.No.1583 of 2015). The latter two complaints are on the file of the Chief Judicial Magistrate's Court, Kollam, wherein he has been implicated as accused No.3. In the latter two petitions, there are three accused apart from the petitioner. In Crl.M.C.No.3415 of 2017, the petitioner has impleaded the complainant therein as respondent No.2. It is stated that R3 therein is the holder of the account from which the cheque has been issued. In the other two petitions, the petitioner has impleaded the complainant therein as as respondent No.2 and accused Nos.1 and 2 as respondent Nos.3 and 4. The petitioner would submit that the necessary party in each of these petitions is only the respective complainant and that no reliefs are sought as against the other contesting respondents, one of which is stated to be the actual account holder and the others are the co-accused.

(2.) Notice has been duly served on the respondentcomplainants in all the three cases. Shri.M.Rajesh, Advocate, has taken notice for R2/complainant in Crl.M.C.Nos.3427 and 3428 of 2017 and Sri.P.Jacob Kuruvilla, Advocate, has taken notice for R2/complainant in Crl.M.C.No.3415 of 2017. Notice to the other unserved contesting respondents, who are not necessary parties, will stand dispensed with.

(3.) Heard Sri.C.S.Manu, learned counsel appearing for the petitioner/accused, Sri.Jestin Mathew, learned prosecutor appearing for the respondent/State, Sri.M.Rajesh, counsel for R2 in Crl.M.C.Nos.3427 and 3428 of 2017, and Sri.P.Jacob Kuruvilla, learned counsel appearing for R2/complainant in Crl.M.C.No.3415 of 2017.