NAZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Styling himself to be the Managing Partner of a partnership firm by name Sreekrishna Agencies, Muthuvattor represented by his power-of-attorney holder one Basheer @ Basheerkhan, the revision petitioner (Nazar) filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 in respect of a cheque for a sum of Rs. 1,50,000/- allegedly issued by the accused. The complaint was registered as C.M.P No.5144 of 2007 on the file of the JFCM, Irinjalakkuda.

(2.) As per the averments in the complaint, the complainant is a dealer in petroleum products and the accused was a customer of the partnership firm by name Sreekrishna Agencies and in discharge of a legally enforceable debt towards the said firm, the accused handed over the cheque dated 24.05.2005 for Rs. 1,50,000/- drawn on the Chavakkad Branch of the City Union Bank, when the cheque was presented through the State Bank of Travancore, Irinjalakkuda, it was dishonoured by the drawee bank due to insufficiency of fund and in spite of due receipt of the statutory notice the accused did not pay the cheque amount.

(3.) The learned Magistrate held that even though the cheque was in the name of the partnership firm by name Sreekrishna Agencies, the complaint was filed by the Managing Partner of Sreekrishna Agencies and that the Managing Partner not being the payee or holder-in-due-course was not entitled to file the complaint.