RUBY LEATHER EXPORTS Vs. K VENU

JUDGEMENT

(1.) All these Criminal original Petitions are disposed of together by a common order, for a single question of law, of vital importance, has been raised. Subsidiary questions argued in one or other of the matters, will be dealt with individually, after answering the main contention.

(2.) It will be better to state the facts in each one of these Original Petitions, before framing the question to be answered and embarking upon a discussion, on the same.

(3.) Cri. O.P. No. 8731 of 1992: Petitioners are A-i and A-2 in C.C. No. 9123/91 pending on the file of Fifth Metropolitan Magistrate, Egmore, Madras. They art alleged to have committed an offence punishable under section 138 of the Negotiable Instruments Act, on the basis of a private complaint initiated by respondent Venu. While seeking quashing of the pending Prosecution Mr. T.K. Sampath, petitioners counsel, contended that an authorised representative will not be competent to initiate a prosecution under section 142 of the Negotiable Instruments Act and on such complaint, the learned Magistrate could not have taken cognizance.