A A GANAPATHY Vs. LALITHA

JUDGEMENT

(1.) RESPONDENTS are the complainants and the petitioner is accused No.3 in C.C.No.350/2014, on the file of Civil Judge and JMFC, Koppa. Said case was instituted against the petitioner and five others, alleging commission of an offence punishable under Section 138 r/w Section 141 of N.I. Act, 1881. Seeking quashing of the said case, insofar as it relates to the petitioner, this petition was filed under Section 482 Cr.P.C.

(2.) MR . Mutturaman, Joint Managing Director of M/s. Algeshwar Estates Limited, a company registered under the Companies Act, arraigned as accused No.2, having issued cheque bearing No.917653 dated 22.11.2013 for Rs.36,75,000/ - drawn on Karnataka Bank Limited, Jayapura Branch and the cheque, when presented having been returned by the Bank with endorsement "funds insufficient", after issuance of legal notice, private complaint having been filed, cognizance was taken for the offence punishable under Section 138 of N.I. Act and was registered as C.C.No.350/2014. Process having been issued to the petitioner, this petition was filed for the relief mentioned supra.

(3.) FOR the petitioner, Sri H.N.M. Prasad, learned advocate contended that there being omission in the complaint about the role of accused No.3 i.e., the petitioner herein and he being not in charge of and responsible for conduct of the business of the company i.e., accused No.1, at the relevant time, the prosecution of the petitioner being illegal, interference is called for. Reliance was placed on an order dated 22.08.2014 passed in Crl.P.No.4498/2014 and it was submitted that the instant case being identical, the petition be allowed.