JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---Heard learned Counsel for the petitioner. None appeared for the respondent No. 1.

2. This matter arises under section 138 of the Negotiable Instrument Act. The respondent filed a complaint before Additional Chief Metropolitan Magistrate on account of the dishonouring of a cheque of Rs. 10,000/- issued by the petitioner on 8-12-1998. The aforesaid cheque was dishonoured and subsequently notice as contemplated under section 138 of N.I. Act was served and the same was delivered on 19-4-1999 to the petitioners. After that the aforesaid complaint was filed.

2A. The learned Counsel for the petitioner, Mr. Marwadi submits that the complaint itself shows that the cheque in question was issued by the petitioner No. 1 for the liability of the petitioners 2 and 3. It is necessary in this context to refer to the relevant paragraph contained in the notice dated 19-4-1999.

"My client states that Sai Krupa Network are the franchise of my client under an agreement dated 1-2-1996 and you are the brother of Mr. Jignesh Sagar, the proprietor of Sai Krupa Network.

My client states that under the said agreement Sai Krupa Network was required to pay a sum of Rupe

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