MANIMEKALAI Vs. CHAPALDAS KALYANJI SANGHVI

JUDGEMENT

(1.) The accused in C. C. 735 of 1990 on the file of VIII Metropolitan Magistrate, George Town, Madras, has filed this petition under Section 482 Cr. PC praying to call for the records in the above case and quash the same.

(2.) Short facts are :- The respondent has filed a private complaint against the petitioner for offence under Section 138 of the Negotiable Instruments Act (which I shall hereafter refer to as the "ACT").

(3.) Learned counsel for the petitioner would urge two grounds viz. 1. Power Agent cannot file a complaint. 2, In the complaint, there are only two accused and the two accused viz. Mrs. Manimegalai and Mrs. Geetha who are partners of M/s. Marudhamalai Battery Service. According to the complaint, both the accused represented the above said firm and had borrowed the amount from the complainant and for which the accused firm was liable to pay and had issued three cheques which were the subject matter of the complaint. Learned counsel would urge that the firm is not made an accused and that in the absence of the firm being arrayed as accused, the partners alone cannot be proceeded with for offence under Section 138 of the Act.