ANAS INDUSTRIES Vs. SURESH BAFNA

JUDGEMENT

(1.) The petitioner invokes the inherent jurisdiction of this Court to call for the records relating to CC No. 1684 of 1998 on the file of the VIII Metropolitan Magistrate, George Town, Madras and quash the same.

(2.) This Cri. OP has arisen in this way: The petitioner herein received a loan of Rs.50,000/- from the respondent and issued a cheque dated 9-11-1997 for Rs. 1,10,000/- towards the principal and interest. The cheque was presented in the bank on 9-12-1997, but it was returned on 10-12-1997 with an endorsement 'refer to drawer'. Then the respondent issued statutory notice under Section 138 of the Negotiable Instruments Act on 13-12-1997. The petitioner acknowledged the receipt of notice on 16-12-1997, but he failed to make payment. Therefore, the respondent preferred the complaint against the petitioner and others under Section 138 of the Negotiable Instruments Act on 21-1-1998.

(3.) The petitioner who is an accused before the trial Court seeks to quash the proceedings on two grounds, namely, (1) Anas Industries is not a judicial person to come under the criminal prosecution; further Anas Industries being a sole proprietorship concern, Section 141 of the Negotiable Instruments Act would not apply; (2) the Statutory notice was not received by the petitioner.