BHAVANI AGENCIES BANGALORE Vs. G C COLOUR LAB

JUDGEMENT

(1.) HEARD the arguments of the learned Counsel for the revision petitioner regarding maintainability of the petition and perused the records.

(2.) THIS revision petition is directed against the order dated 31/8/2001 passed by XII Additional Chief Metropolitan Magistrate, Bangalore in P. C. R. No. 1911 of 2001 filed by the complainant for bouncing of cheque. Whereby the Trial Court dismissed the complaint by holding that the complaint is hit by Section 69 (2) of the Partnership Act, therefore, feeling aggrieved by the said order, the revision petitioner has come up with this petition under Section 397 of the Cr. P. C.

(3.) THE case of the revision petitioner is that: this revision petitioner filed a private complaint in P. C. R. No. 1911 of 2001 against M/s. G. C. Colour Lab and another. Respondent 1 is a partnership firm represented by its partner Sri N. S. Chandrakanth, 2nd respondent. Respondent I issued a cheque for Rs. 6,580. 00, dated 24/2/2001, cheque No. 475626 to discharge the liability of the 1st respondent. After complying with the mandatory provisions, the revision petitioner filed a complaint under Section 200 of the Cr. P. C. for an offence punishable under section 138 of the Negotiable Instruments Act before the XII Additional chief Metropolitan Magistrate, Bangalore. So after recording the sworn statement, the Trial Court dismissed the complaint on the ground that the private complaint filed against the respondent is hit by Section 69 (2) of the partnership Act, at the threshold itself.