LAWS(KAR)-2012-3-212

SRINATH HEGDE S/O RAMA HEGDE Vs. M/S WIPRO E PERIPHERALS LTD A PUBLIC LIMITED COMPANY REGISTERED AND INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO. 40/1A BASAPPA COMPLEX 2ND FLOOR LEVELLE ROA

Decided On March 13, 2012
Srinath Hegde S/O Rama Hegde Appellant
V/S
M/S Wipro E Peripherals Ltd A Public Limited Company Registered And Incorporated Under The Provisions Of The Companies Act, 1956 And Having Its Registered Office At No. 40/1A Basappa Complex 2Nd Floor Levelle Roa Respondents

JUDGEMENT

(1.) THE petitioner, arrayed as accused in CC. No. 1304/2006 pending trial for an offence punishable under Section 538 of the Negotiable Instruments Act has filed this petition to quash the proceedings. I have heard Sri M.S. Bhagwat, Learned Counsel for petitioner

(2.) THE Learned Counsel for petitioner has made following submissions:

(3.) THE legal position submitted by the Learned Counsel for petitioner that a Propriety concern does not fall under the purview of Section 141 of the N.I. Act cannot be disputed, so also the legal position for dishonour of cheques drawn by the Propriety concerned can be filed only against the Proprietor cannot be disputed.