MOHAMMED IDROSE Vs. DUGAR INSULTATION INDIA PVT LTD

JUDGEMENT

(1.) This petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C. No.13565 of 2002 before the XIII Metropolitan Magistrate, Egmore, Chennai.

(2.) The brief facts of the case are as follows: The first respondent filed a complaint against the respondents 2 to 4 and the petitioner for dishonour of cheques for an amount of Rs.18,12,246.77 and hence the complaint under Section 138 of the Negotiable Instruments Act was filed against the petitioner and three others by the first respondent. The case is pending trial in C.C. No.13565 of 2002 on the file of the 13th Metropolitan Magistrate, Egmore, Chennai.

(3.) The petitioner would contend that the subject matter of the cheque was issued by the third respondent in his individual capacity in a Savings Bank's account and therefore the Company is in no way liable and therefore the petitioner should not be proceeded with.