GOUTAM MEDICAL AGENCY, THROUGH UMA SHANKAR SINGH, HOSPITAL ROAD, LAHERIA SARAI, DARBHANGA, P.S. LAHERIA SARAI, DISTT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the order dated, 07.02.2012, passed by Sri Sunil Kumar II, Judicial Magistrate, 1st class, Patna, in Complaint Case No.2830-C of 2011 by which he has taken cognizance under Section(s) 138 of the Negotiable Instrument Act read with 120-B Indian Penal Code against the petitioner no.1 and under Sec. 138 of the Negotiable Instrument Act against the petitioner no.2.

(2.) Heard learned counsel for the petitioners and the Opposite Party No.2 as well as the learned counsel for the State.

(3.) Main contention of the learned counsel for the petitioners is that the complainant is the attorney holder of Smt. Maya Devi Bansal, Proprietor of M/s Classic Associates, and he is not authorised to file complaint on behalf of M/s Classic Associates. It has further been submitted that the blank cheque was used by the complainant.