2001 (2) TMI 995

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..... re Code, by the accused in C.C. No. 146 of 1999 on the file of the Court of the Principal Civil Judge (Jr. Dn.) and JMFC., Hospet, seeking for quashing the above case registered against him for the offence under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act"). 2.. The respondent herein filed a complaint in the trial court alleging that the Finance Manager of M/s. Jindal .....

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..... in the complaint, accused No. 2, finance manager, is the authorised signatory to issue the cheque and sign on behalf of the above company. Inspite of a notice dated January 23, 1999 issued to both the accused intimating about the dishonour of the said cheque and calling upon them to make payment, they have not complied with the said payment. The respondent therefore, filed the above complaint. 3. .....

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..... pany, no case is made out for the offence under section 138 of the Act. Thus, the above facts alleged in the complaint do not disclose any grounds to proceed against the petitioner for the offence under section 138 of the Act. I, therefore, find that the learned Magistrate was not justified in registering the case against the petitioner and in ordering for issue of process to him. In the result, .....

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