ALEX Vs. VIJAYAN

JUDGEMENT

(1.) Petitioner is indicted for the offence under S.138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act'). Petitioner describes himself as Managing Partner' of a firm called "M/s. Southern Transporting Company". The case against the petitioner was instituted on a complaint filed by the respondent. This Criminal Miscellaneous Case has been filed by the petitioner under S.482 of the Code of Criminal Procedure for quashing the complaint.

(2.) Averments in the complaint show that petitioner issued a cheque for Rs. 13,000/ - drawn on South Indian Bank, Kalamassery, for discharge of a liability; the cheque was dishonoured by the drawee bank and the petitioner failed to pay the amount inspite of notice served on him. Learned Magistrate before whom the complaint was filed took cognizance of the offence and issued process to the petitioner.

(3.) Petitioner seeks to have the complaint quashed mainly on the following contentions: The cheque was issued by the firm and hence the offence was committed by the firm and not the petitioner. Prosecution is not maintainable as the firm is not made an accused in the complaint even if petitioner was in charge of the business of the firm.