NURALLAH VELJEE Vs. THOMAS F S MACHADO

JUDGEMENT

(1.) On 19/07/2017, a notice for final disposal was issued. Accordingly, the matter is heard finally.

(2.) The challenge in this petition under Section 482 of the Code of Criminal Procedure (Code, for short) is to the order dated 10/05/2017, passed by the learned Judicial Magistrate, First Class at Panaji in Criminal Case No.91/OA/17/C. By the impugned order, the learned Magistrate has issued process against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act (Act, for short).

(3.) The brief facts are that the respondent has filed the aforesaid complaint under Section 138 of the Act for dishonour of three cheques viz. dated 22/09/2016, 03/10/2016 and 10/10/2016. A perusal of the said cheques clearly brings out that the cheques are signed by the petitioner as an authorised signatory on behalf of "Space Deal Pvt. Ltd", which is a Private Limited Company. Indisputably, the notice under Section 138(b) of the Act pursuant to the dishonour of cheques was issued by the respondent to the petitioner in his capacity as the Director of M/s. Space Deal Pvt Ltd. A perusal of the complaint further shows that the petitioner, in his capacity as the director of the said Company, is arrayed as the sole accused. It is, thus, clear that the Company as such or any other director/s have not been arrayed as the accused.