JOYACHAN T JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C. No. 1563 of 2017 on the files of the court of the Judicial Magistrate of First Class (N.I.Act Cases) , Palluruthy. The prayer in this Crl. M.C. is to quash Annexure-I complaint and further proceedings against the petitioner in C.C. No. 1563 of 2017 on the files of the Court below.

(2.) Heard both sides.

(3.) The learned counsel for the petitioner has argued that since the cheque in question was not issued in discharge of a legally enforceable debt or other liability, no prosecution under Section 138 of the N.I.Act can be sustained. Per contra, the learned counsel for the 2nd respondent, has argued that the cheque in question was issued towards the discharge of a legally enforceable debt, which arose out of Annexure-II agreement executed and signed by the petitioner and consequently, Annexure-I is perfectly justified.