JUDGMENT - N.J. PANDYA, J.:---The petitioner is the original complainant in the complaint for offence under section 138 of the Negotiable Instruments Act, hereinafter referred to as the said Act. As a result of the complaint, the 38th Court, Metropolitan Magistrate, Ballard Pier registered a Case No. 1278/S/97 against the respondent No. 1 and its directors.

2. Before the learned Magistrate by filing Exh. D, the accused raised a plea that the complaint is unauthorised and hence it is liable to the dismissed. The learned Magistrate by his order dated 5-8-1998 was pleased to accept this plea and hence dismissed the complaint, passed an order of discharge and recalled the process.

3. The complainant, no doubt, is a company registered under the Companies Act. Section 142 of the said Act will have to be borne in mind, as under the said section, only a payee or a holder in due course can file a complaint. The cheque being in favour of the complainant company, this requirement is fulfilled. However, the point raised by the respondent-accused was as to the lodging of the complaint by Mr. R. Srinivasan describing himself to be the manager of the complainant-company. The heading or the title o

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