K.s. Joseph v. Philips Carbon Black Ltd. And Ors

K.s. Joseph v. Philips Carbon Black Ltd. And Ors

(High Court Of Kerala)

Crl. M.C. Nos. 2902 and 2903 of 2012 | 04-09-2012

S.S. Satheesachandran, J.

1. Petitioner common in the above two petitions is proceeded in two cheque cases involving the offence punishable under Section 138 of the Negotiable Instruments Act. Complaint respectively filed in the two cases suffers from serious infirmities and, in fact, cognizance of offence taken thereunder is illegal, is the submission of the learned counsel adverting to the Annexures produced with the petitions. I am not impressed by the submissions made by the counsel to impeach the cognizance taken on the complaints filed in the above cases. If the petitioner has any sustainable ground of defence to resist the prosecution, he can canvass the same before the magistrate.

Petitions are dismissed.

Advocate List
Bench
  • HON'BLE JUDGE S.S. SAESACHANDRAN
Eq Citations
  • (2012) SCC ONLINE KER 20411
  • LQ/KerHC/2012/1865
Head Note