K.REVATHY Vs. EQUITAS SMALL FINANCE BANK LTD

JUDGEMENT

(1.) The petitioner herein is arrayed as the third accused in C.C.No.10799 of 2018 (on the file of Metropolitan Magistrate cum Fast Track Court No.III, Saidapet, Chennai), in a private complaint for offence under Sec. 138 of Negotiable Instruments Act, 1881.

(2.) The gist of the complaint runs as under:-

(3.) The petitioner in her quash petition had contended that she is not actively involved in the affairs of the company and hence, the case as lodged against her is not maintainable. The cheque was not issued with her knowledge. In the complaint, there is no specific averment about the knowledge and consent of the petitioner for issuing the cheque. Only a sweeping statement been made to include all the Directors of the company liable and for action.