ORDER :

This is a petition filed under Section 482 of the Code of Criminal Procedure.

2. The 2nd accused in C.C.234/2016 on the files of the Judicial First Class Magistrate Court-IV, Ernakulam seeks quashment of complaint on the ground that the complainant has no locus standi to prosecute the 2nd accused on alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act' for short)

3. Heard. Perused the relevant documents.

4. The learned counsel for the petitioner submitted that Annexure F, F1 and F2 cheques for Rs.50,000/-, Rs.1,00,000/- and Rs.1,00,000/- respectively, where from the prosecution emanates, were issued in the name of 'Intersight Tours and Travels Pvt. Ltd'. But on dishounour of the cheque, the Director of Intersight Holidays Pvt.Ltd. issued legal notice and complaint also was filed by Intersight Holidays Pvt.Ltd.

5. In view of the submission, the question arises for discussion is whether a third party can prosecute the drawer of cheque for the offence punishable under Section 138 of the NI Act ?.

6. On perusal of Annexure F, F1 and F2 cheques in comparison with Annexure G legal notice and Annenxure H