RAGHU LAKSHMINARAYANAN Vs. FINE TUBES

JUDGEMENT

(1.) Leave granted.

(2.) Appellant before us was arrayed as accused No. 3 in the Complaint Petition filed by the first respondent herein, before the Chief Metropolitan Magistrate, Delhi which was registered as a Complaint Case No. 379/1/2003. The said complaint petition was filed for trying the accused persons named therein for commission of an offence under Section 138 of the Negotiable Instruments Act, 1881 alleging that a cheque dated 15.8.2002 was issued by the accused Nos. 2 to 6 for a sum of Rs. 2 lacs drawn at Canara Bank which on presentation was dishonored and the accused despite notice, did not pay the said amount.

(3.) The status of the accused No. 1 was not disclosed in the array of the accused persons.