DINESH Vs. NAMDEO

JUDGEMENT

(1.) Heard Mr. R.R. Dawda, the learned counsel for the applicants and Mr. G.I. Dipwani, the learned counsel for respondent.

(2.) The applicants - who are arraigned as accused in Summary Criminal Case 26/2016, instituted by the respondent herein under sec. 138 of the Negotiable Instruments Act ("Act" for short), are aggrieved by the cognizance taken by the learned Judicial Magistrate First Class, Lakhni, of the complaint.

(3.) The short submission of Mr. R.R. Dhawda, the learned counsel for the applicants is that the cheque in question is issued by Baburao Madavi Multipurpose Education Society, Nagpur, which is a society registered under the provisions of Societies Registration Act, 1860, and since the society is not arraigned as accused, assuming that the applicants herein are the signatories, no cognizance could have been taken of the complaint.