JAYARAJ CHANNAPPA HUBLI Vs. H R LALITHAMMA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C, praying this Court to quash the entire proceedings in C.C.No.13758/2020 for the offence punishable under Sec. 138 of the Negotiable Instruments Act, (for short 'NI Act') pending on the file of XVIII Additional Chief Metropolitan Magistrate, Bengaluru.

(2.) The factual matrix of the case is that respondent herein has filed the private complaint under Sec. 200 of Cr.P.C. invoking the offence punishable under Sec. 138 of the NI Act against the petitioners herein. Learned Magistrate, after considering the sworn statement filed by way of affidavit by the complainant, issued the process against the present petitioners. Hence, the present petition is filed before this Court.

(3.) The main contention of the learned counsel appearing for the petitioners is that the complaint is filed against the Directors of the M/s. Cafe Coffee Day, who are the petitioners herein but M/s. Cafe Coffee Day is not a juristic person. In para No.9 of the petition, it is averred that M/s. Cafe Coffee Day is not a juristic person and there is no compliance of Sec. 141 of the NI Act. Nothing is averred with regard to the fact that the petitioners are in charge of the affairs of the Company. The complaint is filed by the Power of Attorney Holder and no averment is made in the complaint that the Power of Attorney Holder is having knowledge about the transaction. The cheque is signed by Lakshman for M/s. Coffee Day Global Limited and the complaint does not disclose that the Power of Attorney Holder is having the knowledge of the same. The sworn statement constitutes an affidavit but the said affidavit filed by the complaint is also defective. The documents are also not exhibited by the Trial Court before issuance of the process against the petitioners herein.