P GURUSAMY Vs. S JEGANATHAN

JUDGEMENT

(1.) THE petitioner is the complainant in Crl. M. P. No. 3145 of 1998 on the file of the learned XIII Metropolitan Magistrate, Egmore, chennai, and has filed the revision aggrieved against the order dated December 2, 1998.

(2.) THE case in brief is as follows : THE petitioner filed a complaint against the respondent and the same was dismissed under section 203 of the Code of Criminal Procedure, 1973, even without issuing summons to the accused on the ground that the partnership firm has not been arrayed as an accused. THE learned magistrate has failed to appreciate section 141 of the negotiable Instruments Act, 1881. THE person in charge of and responsible for the conduct of the business as stated in the complaint, can be the sole accused and the complaint cannot be dismissed on the ground that the firm was not arrayed as an accused.