CREDENTIAL FINANCE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is the original complainant in the complaint for offence under section 138 of the Negotiable Instruments Act, hereinafter referred to as the said Act. As a result of the complaint, the 38th Court, Metropolitan Magistrate, Ballard Pier registered a Case No. 1278/s/97 against the respondent No. 1 and its directors.

(2.) BEFORE the learned Magistrate by filing Exh. D, the accused raised a plea that the complaint is unauthorised and hence it is liable to the dismissed. The learned Magistrate by his order dated 5-8-1998 was pleased to accept this plea and hence dismissed the complaint, passed an order of discharge and recalled the process.

(3.) THE complainant, no doubt, is a company registered under the Companies Act. Section 142 of the said Act will have to be borne in mind, as under the said section, only a payee or a holder in due course can file a complaint. The cheque being in favour of the complainant company, this requirement is fulfilled. However, the point raised by the respondent-accused was as to the lodging of the complaint by Mr. R. Srinivasan describing himself to be the manager of the complainant-company. The heading or the title of the complaint with regard to the parties, particularly with reference to the complainant reads as under :