NISHAD MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in the case S.T.No.2690/2018 on the file of the Court of the Judicial First Class Magistrate, Kakkanad.

(2.) The aforesaid case was instituted on the basis of the complaint (Annexure-I) filed by the second respondent under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). This petition is filed under Section 482 Cr.P.C by the accused for quashing the proceedings in the case instituted against him.

(3.) The material averments in Annexure-I complaint are the following: The complainant and the accused were acquainted with each other and they were friends. The accused used to take generators from the complainant on rent. He owed large amount to the complainant towards rent of the generators. In discharge of that amount due to the complainant as rent, the accused signed and gave a cheque dated 12.02.2018 for Rs.5,50,000/- to the complainant. The complainant presented the cheque in the bank. It was dishonoured for the reason 'account closed'. The complainant sent a 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.