MANISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this application under Sec. 482 Crimial P.C. the petitioner prays for quashing the order dated 10.07.2009 passed by the learned J.M.F.C., Angul in C.T. Case no.1338 of 2009 taking cognizance of offence under Sec. 138 of the Negotiable Instruments Act and issuing process to the petitioner.

(3.) The only contention raised by the learned counsel for the petitioner is that since the averments in the complaint petition go to show that the cheque in question was issued towards discharge of liability by a registered company of which the petitioner was the Managing Director, without the company being impleaded or arrayed as an accused, the complaint petition was not maintainable and therefore, the order of cognizance is vitiated.