BANU PONALLIRAJAN Vs. SEAHORSE SHIP AGENCIES PRIVATE LIMITED

JUDGEMENT

(1.) THE petitioner seeks to quash the proceedings in C.C.No. 11035 of 2006,under Section 138 of Negotiable Instruments Act, on the file of VII Metropolitan Magistrate, George Town, Chennai.

(2.) THE case is one of prosecution offence under Section 138 of Negotiable Instruments Act. THE complaint has been filed by the respondent owing to dishonor of two cheques which had been issued to him by the petitioner towards liability in respect of business transaction. THE procedure under Section 138 of Negotiable Instruments Act has been followed and the complaint then preferred.

(3.) IT is seen that the two accused in the case have been charged in their capacity, as partners of M/S. Yes Maritime Shipping Agencies. The learned counsel for the petitioner is correct in his submissions that the absolute complaint lacks the very basic and necessary averments, the presence of which alone could yield a successful prosecution of the petitioner.