P NAGARAJAN Vs. PANDURANGAN

JUDGEMENT

(1.) JAIPAC India Limited, a company, represented by the Regional Sales Manager, has filed a complaint against the accused, Nagaraj, the petitioner herein, for the offences under section 138 read with section 142 of the Negotiable Instruments Act, 1881.

(2.) BEFORE the commencement of the trial, the petitioner filed a petition to discharge the accused, on the ground that the details of the dates with regard to the presentation and the return of the cheque, were not clearly given in the complaint, and that in the name of the regional manager, some other person had been substituted, and that once the cheque was earlier presented, it cannot be represented again. But considering the contentions raised in the discharge petition, and the counter by the complainant, the learned magistrate dismissed the petition, as there is no merit. This order is challenged in this revision. It transpires from the record, that there are enough details in the complaint, and the authorisation also was filed when the complaint was taken on file. The contention that there cannot be any second presentation would not be valid, in view of the earlier judgments of this court, that the cheque can be presented on any number of occasions, and in respect of the dishonour on the last presentation, the complaint could be maintained.