THOMAS MUTTITHADATHIL Vs. MALANKARA PLANTATIONS LTD.

JUDGEMENT

(1.) The petitioners herein are accused Nos.4 and 5 in S.T.No.1328 of 2012 on the file of the Judicial First Class Magistrate Court-III, Kottayam, instituted on the basis of a complaint filed by the first respondent herein alleging offence under Sec. 138 of the Negotiable Instruments Act.

(2.) According to the complainant, the cheque in question for an amount of Rs. 1.5 Crores was issued on behalf of the first accused Company (M/s.Team Sustain Ltd.) and accused Nos. 2 to 5 were stated to be the directors of the first accused Company who were actively involved in the day to day affairs of the running of the Company.

(3.) It is now pointed out by Sri.Denu Joseph, learned counsel appearing for the petitioners, that the second petitioner herein (accused No.5) is no more and that his name may be struck out from the party array.