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1994 Supreme(Mad) 947

RENGASAMY
Suryanarayanan – Appellant
Versus
Anchor Marine Service – Respondent


Advocates:
For the Petitioner:--- For the Respondent:---

Judgment :

RENGASAMY J.

for the This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings against the petitioner. The respondent has filed a complaint against him and another for the offences under sections 138 and 142 of the Negotiable Instruments Act on the file of the VIIth Metropolitan Magistrate, G.T., Madras, in C.C. No. 2974 of 1994, alleging that the cheque issued by this petitioner, who signed as authorised signatory of Tajoomals Industries, was dishonoured for insufficiency of funds, and, therefore, they have committed the offences under sections 138 and 142 of the Negotiable Instruments Act. The petitioner has raised two contentions in this petition for quashing the proceedings against him. The first contention is that the cheque was drawn by him as authorised signatory of Tajoomals Industries but the complaint has been filed against him in his individual capacity without impleading the company and this is not in compliance with section 141 of the Negotiable Instruments Act, 1881, and, therefore, the complaint is not maintainable. The next contention is that even though the complainant, T. N. Srinivasan, has stated that he is the




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