AJMI SAMEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in this Criminal Miscellaneous Case is for quashing the impugned Anx.A-1 complaint filed by the 2nd respondent alleging offence punishable under section 138 of the Negotiable Instruments Act, in which the 3rd respondent herein and the petitioner herein are arrayed as accused Nos.1 and 2 respectively. The said complaint is now pending as C.C.No.74/2011 on the file of the Judicial First Class Magistrate Court-II, Attingal. The dishonoured cheque amount in question is for an amount of Rs. 4 lakhs. R-3 (who is Accused No. 1) is the mother of the petitioner, who has been arrayed as A-2.

(2.) Though notice in this case has been taken out through registered post to the 2nd respondent-complainant in the address as shown by her in the cause title of the complaint, the said notice has been returned unserved stating "not known" and as the address of the 2nd respondent is the same as the one shown by the complaint in Anx.A-1 and as the notice has been sent by registered post, it is only to be ordered that the notice to R-2 has been duly completed.

(3.) Heard Sri. J.Jayakumar, learned counsel appearing for the petitioner (A-2) and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for R-1 State.