M. Karpagavinayagam, J. - The private complaint filed by M/s. P. Manickam & Co. represented by its Partner N. Nagaraj an. taken on file by the II Metropolitan Magistrate Chennai in C.C. No. 7157 of 1996forthe offences under Sections 138 and 142 of the Negotiable Instruments Act is sought to be quashed by the accused persons (A1 to A3), the petitioners herein.

2. The learned counsel for the petitioners would raise the following points while seeking for quashing of the above said proceedings:

1. While taking complaint on file the trial Court has not followed the mandate contained in Section 200. Cr. P.C. by not writing in the order of taking cognizance whether any witnesses were present to be examined and as such the issue of process under Section 204. Cr. P.C. against the petitioners will have to be held to be a nullity.

2. The private complaint has been filed even before the cause of action has arisen as contemplated under Section 138 of the Act and as such the complaint is premature and consequently the proceedings are illegal.

3. In elaboration of these points rival contentions have been urged by both the counsel for the petitioners as well as the counsel for the