IQBAL Vs. UTHAMAN

JUDGEMENT

(1.) The petitioner is the Managing Director of a public limited company. He is being prosecuted for the offence under S.138 of the Negotiable Instruments Act, 1881 (for short the 'Act') on the allegations, inter alia, that he issued a cheque in favour of the complainant (first respondent herein) which was dishonoured by the drawee bank as the drawer did not have necessary amount in his account, and that a notice was issued to the petitioner to which no reply was even sent.

(2.) As the magistrate before whom the complaint was filed cognizance of the offence and issued process against the petitioner, he filed this petition under S.482 of the Code of Criminal Procedure (for short the 'Code') for quashing the complaint.

(3.) Three valid points have been raised by the learned counsel for the petitioner in support of his contention that the complaint is liable to be quashed. They are: (1) the offence was committed by the company and not the petitioner; (2) prosecution of the .petitioner without the company being made an accused is not sustainable; and (3) even if prosecution can be launched against the petitioner the present complaint is devoid of necessary averments to constitute the offence under S.138 of the Act.