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2021 (7) TMI 123 - HC - Indian LawsDishonor of Cheque - illegality in the order of issuance of process or not - the contention in the memo of revision is that the learned Magistrate committed a jurisdictional error in taking cognizance of the offence - HELD THAT:- The cheque is issued by a firm, which is not arraigned as accused. Indeed, since the statutory notice was not served, the firm could not be arraigned as accused. The private limited company, which has no nexus whatsoever with the dishonoured cheques, was arraigned as accused 1. The fact that Ramanarao Bolla is a Director of the private limited company as well as a partner of the firm, is of scant significance considering that the company is a distinct legal entity and the mere fact that one of the Director is also a partner of a firm which issued the dishonoured cheque cannot be the basis of the implication of the company in the alleged offence. The petition is dismissed.
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