Pradeep Nandrajog, J.

1. Petitioner has been imp leaded as accused No. 4 in the complaint filed by

respondent No. 2. As accused No. 4, in the memo of parties he is described as under:

Mr. K.P.G. Nair, Executive

.2. Material allegations against the petitioner and other living human beings imp leaded as co-accused, i.e. accused Nos. 2, 3 and 5 are in para 10 of the complaint. Following is Page 1 of 4 averred:

.10. That the Accused No. 1 is the company and accused Nos.2 to 5 are its Principal Officer and have committed an offence punishable under Section 141 of Negotiable Instrument Act as amended, 1988.

.3. The averments in the complaint fall short of actionable averments in view of the law laid down as per the following judgments:

1. K.P.G. Nair v. Jindal Menthol India Ltd. JT 2000 (Suppl.) SC 519

2. Katta Sujatha (Smt.) v. Fertilizers and Chemicals Travancore Ltd. and Anr. (2002) 7 SCC 655

3. Monaben Ketanbhai Shah and Anr. v. State of Gujarat and Ors. 2004

.(3) JCC 158 (NI)

4. S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla and Anr. 2005 (7) SCALE

5. Sabitha Ramamurthy and Anr. v. R.B.S. Channabasavardhya 2006 CriLJ 4602

6. S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla and Anr