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M.S.A.SIDDIQUI
K. P. G. NAIR – Appellant
Versus
JINDAL MENTHOL INDIA LIMITED – Respondent


M. S. A. SIDDIQUI, J.

( 1 ) BY this petition under Section 482 Criminal Procedure Code. the petitioner seeks quashing of the criminal proceedings emanating from the complaint filed by the respondent company against the petitioner and others under Section 138 of the Negotiable Instruments Act (for short the Act ).

( 2 ) M/s. Pertech Computers Ltd. is a limited company. The petitioner is a Director of the said company. Three cheques were issued on behalf of the accused company for the debts due to the complainant company and such cheques were dishonored by the drawee bank on the ground of insufficiency of funds in the account. Legal notices were issued to the accused company as well as to the Director s demanding payment of the amounts covered by the cheques, but no amount was paid. Hence, a complaint was filed alleging that all the accused persons have committed the offence under Section 138 of the Act in respect of each of the cheques. On the complaint being filed, the learned Magistrate issued process against the accused persons including the petitioner. Aggrieved thereby, the petitioner has come up before this Court under Section 482 Criminal Procedure Code.

( 3 ) LEARNED couns


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