(Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code as stated therein.)

P. Sathasivam, J.

The petitioner K. Gopalakrishnan, an accused in a case filed under Section 138 of the Negotiable Instrument Act for alleged dishonouring of the cheque issued to the respondent herein on 05.07.2004, seeks to quash the said case in C.C.No.93 of 2005 on the file of Judicial Magistrate No.II, Chidambaram.

2. According to the petitioner, there is no legally enforceable debt for the issuance of the cheque in dispute. The other main contention of the petitioner is that the complaint was preferred by the respondent herein, in violation of the guidelines issued by this Court in 2005 (3) CTC 480 (Y. Vijayalakshmi @ Rambha vs. Manickam Narayanan, Proprietor, Seventh Channel Communications represented by its Power of Attorney Agent, Thanigaivelan), wherein the learned single Judge (S.R. Singharavelu, J.) has held that the complaint shall be signed by the payee himself and not by the Power of Attorney holder and that the sworn statement of the complainant also shall be recorded by the Judicial Magistrate while taking cognizance of the offence under Section 138 of