BABURAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in the case which is based on Annexure-A1 complaint filed by the second respondent (hereinafter referred to as 'the complainant') against him for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

(2.) The material averments in Annexure-A1 complaint are as follows: The complainant is a non-banking financial company incorporated under the Companies Act, 1956. The accused had entered into a hypothecation agreement with the complainant company and availed a loan for purchasing a vehicle. As per the agreement, the accused had agreed to repay the hire purchase amount to the complainant company in monthly instalments. The accused made default in repayment of the amount. In discharge of the liability due to the complainant company, the accused signed, executed and issued a cheque dated 22.06.2016 for Rs.72,000/- to the complainant company. The complainant presented the cheque in the bank. It was returned unpaid for the reason that there was no sufficient amount in the account of the accused. The complainant sent notice to the accused demanding payment of the amount of the cheque. The accused received the notice. He did not send any reply. He did not pay the amount of the cheque.

(3.) This petition is filed under Section 482 Cr.P.C for quashing Annexure-A1 complaint and the proceedings initiated against the petitioner on the basis of it.