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Kerala High Court

M/S Jeevan Telecasting Corporation Ltd vs State Of Kerala on 12 November, 2025

Author: C.S.Dias

Bench: C.S.Dias

CRL.MC NO. 7989 OF 2022

                                   1

                                                        2025:KER:86338

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE C.S.DIAS

  WEDNESDAY, THE 12TH DAY OF NOVEMBER 2025 / 21ST KARTHIKA, 1947

                        CRL.MC NO. 7989 OF 2022

        AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2520 OF 2015 OF

JUDICIAL MAGISTRATE OF FIRST CLASS -X, THIRUVANANTHAPURAM

PETITIONER/S:

    1       M/S JEEVAN TELECASTING CORPORATION LTD.
            THROUGH ITS AUTHORISED REPRESENTATIVE MRS. SHEEJA SUNNY
            (ASSISTANT MANAGER, FINANCE AND ACCOUNTS)
            RASHTRADEEPIKA BUILDING, PALARIVATTOM KOCHI, ERNAKULAM,
            PIN - 682025

    2       SHEEJA SUNNY
            AGED 47 YEARS
            W/O SUNNY ASSISTANT MANAGER, FINANCE AND ACCOUNTS M/S
            JEEVAN TELECASTING CORPORATION LTD. RASHTRADEEPIKA
            BUILDING, PALARIVATTOM, KOCHI, ERNAKULAM, PIN - 682025


            BY ADVS.
            SRI.RENJITH B.MARAR
            SMT.LAKSHMI.N.KAIMAL
            SHRI.ARUN POOMULLI
            SMT.SURABHI SANTHOSH
            SMT.PREETHA S CHANDRAN
            SHRI.ABHIJITH SREEKUMAR




RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGHCOURT OF
            KERALA, ERNAKULAM, PIN - 682031

    2       ASIANET SATELLITE COMMUNICATION LTD.,
            THROUGH ITS AUTHORISED REPRESENTATIVE 2A, 2ND FLOOR,
 CRL.MC NO. 7989 OF 2022

                                   2

                                                     2025:KER:86338

          LEELA INFOPARK TECHNOPARK, KAZHAKKOOTTAM
          THIRUVANANTHAPURAM, PIN - 695581


          BY ADVS.
          SRI.SAJI VARGHESE T.G
          SMT.MARIAM MATHAI



OTHER PRESENT:

          SR.PP.SRI.C.S.HRITHWIK


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.11.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 7989 OF 2022

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                                                      2025:KER:86338

                             C.S.DIAS, J.
                  ---------------------------------------
                 Crl.M.C. No.7989 OF 2022
                 -----------------------------------------
          Dated this the 12th day of November, 2025

                             ORDER

The petitioners are accused 1 and 3 in C.C.No.2520/2015 on the file of the Court of the Judicial First Class Magistrate-XII, Thiruvananthapuram, which has been filed against them by the 2 nd respondent alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('N.I.Act', in short).

2. The petitioners contend that the 2nd petitioner is only an employee and authorised signatory of the 1 st petitioner company. Therefore, a prosecution under Section 138 of the N.I.Act will not be sustainable against the 2 nd petitioner. Moreover, the petitioners have already discharged the debt payable to the 2nd respondent. Hence, Annexure A3 complaint may be quashed.

3. I have heard the learned Counsel for the petitioners, the learned Public Prosecutor and the learned Counsel for the 2nd respondent.

CRL.MC NO. 7989 OF 2022 4 2025:KER:86338

4. It is brought to my notice that, by order dated 11.01.2023 in Crl.M.C.No.7783/2022, this Court had repelled the contentions raised by the petitioners in respect of another cheque issued by the petitioners in favour of the 2 nd respondent and declined to quash the complaint.

5. I have gone through the findings in the said order and I am fully concur with the said findings. In light of the findings in the connected case of identical nature, I am of the view that the said findings are squarely applicable to the facts of the case also.

In the result, this Criminal Miscellaneous Case is dismissed without prejudice to the right of the petitioners to raise all their contentions before the Trial Court.

sd/-

C.S.DIAS, JUDGE rkc/12.11.25 CRL.MC NO. 7989 OF 2022 5 2025:KER:86338 APPENDIX OF CRL.MC 7989/2022 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE CHEQUE NO. 197080 DATED 04.09.2015 FOR AN AMOUNT OF RS 3,42,000/- (RUPEES THREE LAKHS FORTY TWO THOUSAND ONLY) DRAWN ON THE STATE BANK OF TRAVANCORE, KALOOR, ERNAKULAM BRANCH Annexure A2 A TRUE COPY OF THE NOTICE DATED 19.09.2015 OF THE 2ND RESPONDENT Annexure A3 A TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT IN C.C. NO. 2520/2015 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -XII, THIRUVANATHAPURAM Annexure A4 A TRUE COPY OF THE CHART SHOWING THE DETAILS OF THE CHEQUES ISSUED AND THE PAYMENTS MADE IN LIEU OF THE SAME BY THE 1ST PETITIONER