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2001 Supreme(Mad) 465

M.KARPAGAVINAYAGAM
A. Krishnan – Appellant
Versus
S. P. Kumar – Respondent


Appearing Advocates:For the Petitioner:N. Jothi, A. Kandasamy, Advocates. For the Respondent:Advocate.

Judgment :-

The above petition was dismissed on merits on 7-12-2000. Since the learned counsel for the petitioner was absent when he was called on two occasions, this Court was constrained to dispose of the main petition after hearing the learned counsel for the respondent.

Some months later, the counsel for the petitioner would request this Court to post the matter for 'Being Mentioned', as he can be given an opportunity to make submissions on behalf of the petitioner with regard to the prayer for quashing the proceedings in question. Accordingly, he was permitted. The Registry was directed to post this matter for 'Being Mentioned'.

Mr. Jyothi, learned counsel for the petitioner would argue at length, contending the following points :-

(1) Under S. 7 of the Negotiable Instruments Act, the payee is defined as the person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid, is called the "payee". In this case, payee is the company in whose name the instrument was drawn. But the complaint was filed by one S. P. Kumar, the Manager, as the Power Agent for the Company. Under S. 142 of the Negotiable Instruments Act, the complaint can be f
























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