Rathnakala, J.

1. The petitioner is the accused, who is alleged to have committed the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the Act'). The fact is:

"On a private complaint of the respondent herein, alleging that the accused in respect of the loan transaction of Rs. 5,00,000/- issued a cheque and the said cheque when presented to the Bank, bounced with the shara 'Insufficient Funds', and even after service of notice on him, he did not pay the loan amount, the jurisdictional Magistrate took cognizance of the matter and procured the accused. He pleaded not guilty to the accusation and the stage of the case is for cross-examination of P.W. 1."

2. Sri Sachidananda K., learned Counsel for the petitioner submits that the cheque in dispute is signed by C. Srinath as the Director of M/s. Maruthi Bake Equipments Private Limited. But the demand notice was issued to C. Srinath-the petitioner herein and the private complaint is also filed against C. Srinath only. In that view of the matter, Section 141 of the Act comes into play. The proceedings cannot be sustained without arraigning the company as the accused.

3. Sri H. Aravind