ORDER :

1. This petition is filed under Section 482 of Cr.P.C, praying this Court to quash the entire proceedings in C.C.No.13758/2020 for the offence punishable under Section 138 of the Negotiable Instruments Act, (for short ‘NI Act’) pending on the file of XVIII Additional Chief Metropolitan Magistrate, Bengaluru.

2. The factual matrix of the case is that respondent herein has filed the private complaint under Section 200 of Cr.P.C. invoking the offence punishable under Section 138 of the NI Act against the petitioners herein. Learned Magistrate, after considering the sworn statement filed by way of affidavit by the complainant, issued the process against the present petitioners. Hence, the present petition is filed before this Court.

3. The main contention of the learned counsel appearing for the petitioners is that the complaint is filed against the Directors of the M/s. Café Coffee Day, who are the petitioners herein but M/s. Café Coffee Day is not a juristic person. In para No.9 of the petition, it is averred that M/s. Café Coffee Day is not a juristic person and there is no compliance of Section 141 of the NI Act. Nothing is averred with regard to the fact that the petitioners