K.T. Thomas, J. - The petitioner is the Managing Director of a public limited company. He is being prosecuted for the offence under S. 138 of the Negotiable Instruments Act, 1881 (for short the Act') on the allegations, inter alia that he issued a cheque in favour of the complainant (first respondent herein) which was dishonoured by the drawer bank as the drawer did not have necessary amount in his account, and that a notice was issued to the petitioner to which no reply was even sent.

2. As the magistrate before whom the complaint was filed cognizance of the offence and issued process against the petitioner, he filed this petition under S. 482 of the Code of Criminal Procedure (for short the 'Code') for quashing the complaint.

3. The learned counsel for the petitioner in support of his contention that the complaint is liable to be quashed has raised three valid points. They are:-(1) the offence was committed by the company and not the petitioner; (2) prosecution of the petitioner without the company being made an accused is not sustainable; and (3) even if prosecution can be launched against the petitioner the present complaint is devoid of necessary averments to constitute the