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V.M.MOHANAN versus MG.DIR.,M/S.ALUMINUM INDUSTRIES

High Court of Kerala

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V.M.MOHANAN v. MG.DIR.,M/S.ALUMINUM INDUSTRIES - CRL A No. 149 of 1999 [2006] RD-KL 1511 (1 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 149 of 1999()

1. V.M.MOHANAN
... Petitioner

Vs

1. MG.DIR.,M/S.ALUMINUM INDUSTRIES
... Respondent

For Petitioner :SRI.R.S.KALKURA

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.B.KOSHY

Dated :01/11/2006

O R D E R

J.B. KOSHY, J.

CRL.APPEAL No.149 of 1999

Dated this the 1st day of November, 2006

Judgment Appellant filed a complaint under section 138 of the Negotiable Instruments Act contending that cheque issued by the respondent was dishonoured for insufficiency of funds. It was dismissed under section 256 (1) of the Code of Criminal Procedure. On going through the complaint, it is seen that originally complaint was filed against the Managing Director, M/s.Aluminium Industries Ltd., Corporate office at Thiruvananthapuram. The complaint was not filed in the personal name of the Managing Director. It is also not filed against the company represented by the Managing Director. The company is under winding up proceedings. Proceedings are also pending before the Board for Industrial and Financial Reconstruction. In any event, no steps are taken to send notice to the respondent even though the appeal is filed in 1999. I am of the view that dismissal of the complaint under section 256 (1) Cr.P.C. for absence of the complaint is not illegal. Therefore, appeal is dismissed without prejudice to the Crl.A.No.149/99 2 rights, if any, of the claimant in claiming the amount from the company according to law. J.B.KOSHY

JUDGE

vaa Crl.A.No.149/99 3

J.B. KOSHY, J.

CRL.APPEAL No.149/99 Judgment

Dated:1st November, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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