John Zacharia vs Anson Thomas on 2 April, 2025
The first accused, a company engaged in the
manufacture of paints had, for the purpose of augmenting its
business, borrowed money from the complainants namely, Anson
Thomas and James V. J., during the period 09.12.2018 to
06.08.2019. While so, Anson joined as a Director of the 1st
accused company from 22.03.2019 and resigned on 15.02.2020,
in terms of the agreement entered with the incumbent Directors
on 13.02.2020. In accordance with the terms of that agreement,
24 cheques totaling Rs.46,97,788/-, drawn on the account of the
2025:KER:33124
Crl.M.C. No.10006 of 2023
and connected cases
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company, were issued in favour of Anson and 8 cheques, totalling
Rs.16,50,000/-, in favour of James. The said agreement dated
13.02.2020 was prepared and notarized by the petitioner in his
professional capacity as Advocate and Notary Public. Though the
petitioner himself became a full-time Director of the first accused
company on 18.02.2020, he retired from the Director Board on
22.03.2021. The cheques issued in favour of the complainants
were thereafter presented for collection and dishonored for
insufficiency of funds. Thereupon, notices under Section 138(b) of
the N.I.Act were issued and the accused having failed to pay the
amounts due under the cheques despite receipt of those notices,
the complaints were filed. The petitioner is seeking to get the
proceedings against him quashed on the premise that he was not
the Director of the first accused company, either at the time of
issuance of the cheques or when the cause of action arose after
expiry of 15 days from the date of issuance of the demand notice
under Section 138(b) of the Act.