M. KARPAGAVINAYAGAM, J.

Baskar, the petitioner herein, challenging the impugned order dismissing the application filed by the petitioner before the trial court for discharge has filed this revision before this court.

The petitioner is an accused in a case filed under section 138 of the Negotiable Instruments Act, 1881, in C.C. No. 97 of 1998 on the file of the Judicial Magistrate No. 1, Kallakurichi. Before the trial has commenced, the petitioner filed an application under section 204 read with section 251 of the Criminal Procedure Code to discharge him on the ground that the complaint ought to have been filed against the company only and not against the petitioner in his individual capacity, especially, when the cheque was issued on behalf of the company. This was dismissed on two grounds. Firstly, the complaint could be filed against the person who issued the cheque on behalf of the company, even without impleading the company as an accused. Secondly, the averments in the complaint would show that the complainant supplied paddy to the accused in his individual capacity and it is not mentioned in the complaint that the paddy was supplied to the company and, therefore, th