SWASTIKA ENTERPRISES Vs. STATE OF KERALA

JUDGEMENT

(1.) In the petition on hand, petitioners/ accused Nos.l and 2 are seeking to quash Annexure-Al complaint in S.T.No.268 of 2018 on the files of Chief Judicial Magistrate Court, Kollam and all further proceedings initiated against the petitioners therein. Annexure-Al is the copy of the complaint filed by the 2nd respondent to prosecute the petitioners under Section 142 of the Negotiable Instruments Act, 1881 (for short 'the N I Act1) for an offence punishable under Section 138 N I Act.

(2.) The allegations in Annexure-Al complaint are to the following effect:

(3.) Sri.Abraham P George, the learned counsel on behalf of the petitioners has contended that Annexure-Al complaint in view of the illegality involved therein is not sustainable in law. According to him, the allegations in Annexure-Al are insufficient to attract the offence under Section 138 N I Act and those being purely of civil nature, it is unnecessary to drag the petitioners to the criminal court to be prosecuted based on the same.