MOHAMMAD ISAQ GULSANI Vs. J RAJAMOULI

JUDGEMENT

(1.) The petitioner seeks to quash the proceedings initiated against him in C. C. No. 251 of 1999 on the file of the Judicial Magistrate of First Class, Luxettipet.

(2.) The petitioner is the accused in the said criminal case filed against him by the first respondent herein. The complaint was filed under Section 138 of the Negotiable Instruments Act (for brevity 'the Act') on the premise that the petitioner approached the complainant and borrowed an amount of Rs. 13,000.00 from his house at Itikyal village as 'hand loan' promising to repay the same as and when demanded, and that despite several demands, he did not repay the same, and that on 10-3-1999 the petitioner issued a cheque bearing No. 731725 for the said amount and when the cheque was presented through the Banker of the complainant, it was dishonoured, and, therefore, he committed the offence under Section 138 of the Act.

(3.) Pursuant to the summons issued by the Court, after taking cognizance of the case in C. C. No. 251 of 1999, the petitioner appeared before that Court and later he filed the present petition seeking to quash the proceedings on the premise that the cheque was issued by the person in the capacity of a President of A. P. Habitat Society, Hyderabad, and neither the Society nor the President in that capacity representing the Society has been impleaded as an accused and inasmuch as the petitioner has been impleaded in his individual capacity, the complaint is not sustainable and is liable to be quashed.