VIDHYA JAYAPRAKASH A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case C.C.No.139/2017 on the file of the Court of the Judicial First Class Magistrate-I, Aluva.

(2.) The petitioner is the third accused in the aforesaid case. It is a case instituted upon the complaint (Annexure-I) filed by the second respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

(3.) The material averments in Annexure-I complaint are as follows: The complainant is a private limited company engaged in the business of construction of buildings. The first accused is also a private limited company. The second and the third accused are actively conducting the business of the first accused company and are also responsible for day to day affairs and the management of the business of the company. An amount of Rs.5,00,000/- was due from the accused to the complainant. On demand for payment of the said amount, the first accused company issued a cheque dated 21.05.2016 for Rs.5,00,000/- to the complainant. When the complainant presented the cheque in the bank, it was returned unpaid with endorsement "funds insufficient". The complainant sent lawyer notice to all the accused demanding payment of the amount. The accused received the notice. They jointly sent a reply containing facts against truth. They did not pay the amount to the complainant.