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2018 (8) TMI 1219 - HC - Indian LawsOffences punishable u/s 138 of Negotiable Instruments Act - cheques were dishonoured for the reasons "Exceeds Arrangement" and "out of date" - notices were returned unserved with an endorsement "left" - Held that:- A perusal of the records shows that out of 16 cheques, 11 cheques were presented beyond the period of 6 months. However, there are 5 more cheques, which were returned for the reason " Exceeds Arrangement". Therefore, the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Chennai can proceed further against the petitioners herein with regard to those 5 cheques - Since the 2nd petitioner has issued the cheques in favour of the respondent/complainant, there is no necessity to aver specifically in the complaint that the 2nd petitioner was in charge of day to day affairs of the company and therefore, he can be prosecuted for the alleged offence punishable under Section 138 of the Negotiable Instruments Act. Authority to represent the respondent/complainant M/s SEW Eurodrive India Private Ltd. - Held that:- Along with the complaint, the authorization issued to Mr.C.V.Shivakumar is filed as document No.25 and in the facts and circumstances, it cannot be said that the complaint filed by the respondent/ complainant is not maintainable - There is no reason to quash the proceedings in C.C.No.106 of 2012 on the file of the Metropolitan Magistrate, Fast Track Court No.II, Egmore, Chennai and hence the petition is liable to be dismissed. Petition dismissed.
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