V. RENGASAMY, J.

This revision is filed against the order of the learned judicial Magistrate, Neyveli, in Crl. M.P. No. 2170 of 1996 in C.C. No. 567 of 1995, dated August 7, 1996, dismissing the petition filed under section 251 of the Code of Criminal Procedure to discharge the petitioners/accused.

The petitioners are the accused before the learned judicial Magistrate for the offence under section 138 of the Negotiable Instruments Act, 1881. They contended that the second petitioner/second accused did not issue any cheque to the respondent/complainant and he was not a partner of K. S. Muthu Constructions and the respondent had not issued any notice to the second petitioner before the proceedings was initiated under section 138 of the Negotiable Instruments Act. Therefore, they contended that the court below ought not to have taken cognizance of the offence and the complainant contended that the second petitioner is a partner of K. S. Muthu Constructions and the cheque was issued by the first petitioner, that as the second petitioner is a partner of the company for which the cheque was issued, there is no need to send the notice to the second petitioner individually. The f