M.P.L. MAYANDI Vs. K. SELVAM

JUDGEMENT

(1.) THE petitioner approach this Court with a prayer to call for the records and quash the private complaint filed by the Respondent in S.T.C.No.819 of 2009 and S.T.C.No.820 of 2009, on the file of Judicial Magistrate, Thiruvaiyaru.

(2.) THIS petitioner is the accused in S.T.C.No.819 and 820 of 2009, for the alleged offence under Section 138 of The Negotiable Instruments Act, has filed this petition alleging that the cheques having been given on behalf of the company by the petitioner and without impleading the company as an accused the complaint has not been maintainable. It is also stated that the petitioner even assuming the Managing Partner or the Managing Director, in the absence of specific averments is that he is In charge of the day today administration of the company.

(3.) PER contra, the learned counsel for the respondents submitted that there is no necessity to implead the company as an accused, because the company has to be represented somebody and in this case, it has been represented by the petitioner. He further submitted that it is not necessary to implead the company and that the petitioner was in charge of the day to day administration of company. In support of his contention the learned counsel relied upon the judgment of this Hon'ble Court (Bipin Mehta v. Chandra Mohan) reported in 2008(3) MLJ 48 and submitted that this petition is liable to be dismissed.