GAJANAND AGARWAL Vs. SHARMA TRADERS INDUSTRIES PRIVATE LIMITED

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure to quash the proceedings in CC No.29 of 1999 OB the file of the Special Judicial I Class Magistrate, Mobile Court, Vizianagaram.

(2.) The allegations, according to the complaint, are that the petitioner as well as the 1st respondent are businessmen and in their business transactions the petitioner issued two cheques bearing Nos.710222 and 710223 dated 26-10-1996 for Rs.43,450-56 and Rs. 1,07,000/- respectively. On presentation of the cheques, they were bounced with an endorsement "Referred to Drawer". After complying with the formalities as contemplated under Section 138 of the Negotiable Instruments Act, the 1 st respondent herein filed a complaint which was registered and taken on file as CC No.29 of 1999 on the file of the Additional Judicial I Class Magistrate, Vizianagaram, for the alleged offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) The present petition is filed by the petitioner herein who is the accused in the aforementioned case i.e., CC No.29 of 1999 mainly on the ground that the Manager of the 1st respondent-firm vi:., Sri Ramesh Kumar Gupta, is not authorised to file the complaint on behalf of the said firm M/s. Shraman Traders and Industries (P) Limited, as there is no averment in the complaint to the effect that the Manager is authorised to file the complaint; nor there is any document to establish that he is authorised to do so and as such it is an abuse of the process of Court and is liable to be quashed under Section 482 of the Code of Criminal Procedure. Sri K.V. Subrahmanya Narsu, learned Counsel for the petitioner, relied on a judgment of this Court in M/s. Swastic Coaters Private Limited v. M/s. Deepak Brothers, 1997 (1) APLJ 423 and an unreported judgment of a learned single Judge of this Court in Criminal Appeal No. 180 of 1995 dated 28-11-1996.