K.P.SHIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused in C.C. No. 731 of 2017 on the files of the Court of the Judicial Magistrate of First Class-I, Kothamangalam. The 2nd respondent in the above said Crl.M.Cs filed a complaint before the court below against the petitioners and other persons alleging offence under section 138 of the Negotiable Instruments Act, 1881(for short "The N.I.Act"). The petitioners are the trustees of a Trust, namely, Indira Gandhi Memorial Trust, Nellikuzhy. The Trust is arraigned as the first accused in the above said complaint.

(2.) The above Crl.MCs have been filed praying for quashing the complaint and further proceedings against the petitioners in the above said case.

(3.) Considering the nature and importance of the question of law involved in these Crl.MCs, this Court appointed Adv. Sri. Jamshed Hafees as Amicus Curiae.