1. The petitioners herein are accused Nos. 4 and 5 in S.T. No. 1328 of 2012 on the file of the Judicial First Class Magistrate Court-III, Kottayam, instituted on the basis of a complaint filed by the first respondent herein alleging offence under Section 138 of the Negotiable Instruments Act.

2. According to the complainant, the cheque in question for an amount of Rs. 1.5 Crores was issued on behalf of the first accused Company (M/s. Team Sustain Ltd.) and accused Nos. 2 to 5 were stated to be the directors of the first accused Company who were actively involved in the day to day affairs of the running of the Company.

3. It is now pointed out by Sri. Denu Joseph, learned counsel appearing for the petitioners, that the second petitioner herein (accused No. 5) is no more and that his name may be struck out from the party array.

4. In view of the submission made on behalf of the second petitioner/5th accused, it is ordered that the Registry will ensure that the name of the second petitioner is deleted from the party array.

5. The basic contention urged by the petitioner is that the impugned Annexure A complaint has been filed by the first respondent without fulfilling the mandatory