J. SATHYAKUMAR Vs. RAJESH AGARWAL

JUDGEMENT

(1.) THE Criminal Revisions Petitions are preferred against the order passed by the learned Judicial Magistrate No. II, (Fast Track Court at Magisterial Level), Madurai in unnumbered S.T.C. No. of 2014, dated 12.05.2014.

(2.) IN these revision petitions the petitioner/complainant is one and the same person so also the respondent. All the complaints came to be filed for prosecuting the respondent for the commission of offence under Section 138 r/w 141 of Negotiable Instalments Act. Sworn statement of the complainant was recorded and the trial court on going through the contents of the private complaint and sworn statement found that the complainant is working as a civil engineering contractor of the Company viz., M/s. ARSS Infrastructures Projects Ltd., Orissa and the cheques in question have also been issued by the said company only and the statutory notices have been sent to the Managing Director of the said company Viz. Rajesh Agarwal. The trial Court also took note of the legal position under Section 141 of Negotiable Instruments Act and found that no statutory notice under Section 138 of Negotiable Instruments Act has been issued to the Company and in the absence of such a notice, no cause of action was arose to prosecute the case and citing the said reason dismissed all the complaints vide separate order dated 12.05.2014, under Section 203 of Cr.P.C., and challenging the legality of the same, the present revision petitions have been filed.

(3.) THE respondent has been served and his name appears in the cause list and however, there is no representation.