EGMORE BENEFIT SOCIETY LTD Vs. K BALASIGAMA

JUDGEMENT

(1.) The petitioner is the complainant in CC No.3063 of 1997 on the file of the IX Metropolitan Magistrate, Saidapet, Madras. The respondent as described before this Court is the accused in that case. That was a private complaint filed alleging an offence under Section 138 of the Negotiable Instruments Act. In that Calendar Case after the issue of process, the accused filed MP No.1444 of 1998 to discharge him from the offence. That petition was opposed and yet the learned trial Magistrate allowed that petition by order dated 10-6-1998 resulting in the accused being discharged from the offence in the Calendar Case. It is the correctness of that order that is being questioned in this revision before this Court.

(2.) In this order the parties to the revision would hereinafter to be referred to as the complainant and the accused for convenient sake.

(3.) Though more than one ground was raised before the Lower Court on behalf of the accused to discharge him from the offence, yet the request for discharge was sustained only on the ground that since the Company had not been impleaded as an accused, the prosecution against the present accused alone is not maintainable.