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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.5573/2025 (@SPECIAL LEAVE PETITION(CRL.) NO.4767/2022)
G. SOMARAJAN Appellant(s)
VERSUS
M/S PAMBA ENGG. AND CONSTRUCTION CO.PVT.LTD.&ORS. Respondent(s)
O R D E R
1. Leave granted.
2. This appeal arises from the order passed by the High Court of
Kerala at Ernakulam dated 28-10-2021 by which the Criminal Leave
Petition No.18 of 2021 preferred by the appellant – herein
(original complainant) seeking to challenge the order dated
26-6-2018 passed by the Judicial First Class Magistrate-IV, Kannur,
State of Kerala in Sessions Trial Case No.153/2017 dismissing the
complaint under Section 138 of the Negotiable Instruments Act in
exercise of powers under Section 256(1) of the Code of Criminal
Procedure, 1973, came to be dismissed.
3. It appears from the materials on record that sometime in 2009,
a private complaint came to be lodged by the appellant against the
respondents – herein for the offence punishable under Section 138
of the Negotiable Instruments Act (for short, “the NI Act”) in the
State of Kerala. The same came to be transferred to the Patiala
House Courts, New Delhi. Thereafter in 2017, the proceedings once
again stood transferred to the Court of Judicial First Class
Magistrate-IV, Kannur, State of Kerala. The cheque amount is
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Rs.5,00,00,000/- (Rupees...