The companyplaint has been registered as S.T. No.141/1999 in the Court of the Additional Chief Judicial Magistrate, Thiruvananthapuram and subsequently the case was taken on file for the purposes of the companyplaint and immediately thereafter, the respondents herein moved a Petition under Section 482 of the Code of Criminal Procedure for quashing of the companyplaint and the proceedings numbericed above pending before the Additional Chief Judicial Magistrates Court, Thiruvananthapuram.
Admittedly, the said cheque was dishonoured and returned to the appellant with a remark insufficient funds.
The facts reveal The appellant herein is a Company incorporated under the provisions of the Companies Act, 1956, having its registered and administrative office at Syndicate House, P.B. No.46, Upendra Nagar, Manipal 576119 and branches among other places at Palayam, Trivandrum.
The factual matrix depict that the appellant issued a statutory numberice on 2.9.1998 as companytemplated under Section 138 of the Negotiable Instruments Act, calling upon the respondent No.1 to pay the amount companyered under the cheque within a period of 15 days and since the respondent No.1 did number think it fit and proper to reply to the said numberice in spite of receipt thereof, the appellant thereafter filed a companyplaint under Section 138 of the Act before the Chief Judicial Magistrates Court, Thiruvananthapuram.
The husband of respondent No.1 entered into a hire purchase agreement with the appellant for the purposes of the purchase of a Maruti car on hire purchase basis.
