N. ARUMUGHAM J.

On ordering notice of motion, I have heard the Bar for the respective parties for and against the impugned order passed by the XVIIIth Metropolitan Magistrate, Madras, in M. P. No. 711 of 1996 in C. C. No. 2720 of 1995 dated February 20, 1996, thereby discharging the respondent/accused of the offence under sections 138 and 141(2) of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act"). The two grounds upon which the revision was sought to be admitted are, firstly, while filing a private complaint under section 200 of the Criminal Procedure Code, 1973, by the revision petitioner/complainant against the respondent/accused for the offence under sections 138 and 141(2) of the Act, on the basis of a cheque issued on February 18, 1995, for a sum of Rs. 2, 00, 000 which bounced subsequently followed by the issuance of legal notice with no reply. However, the learned magistrate was not correct in holding that the complaint was bad for not adding the other partners of the firm on whose behalf the said instrument was given and that, secondly, the finding of the learned magistrate that there was no enforceable claim which arose under the instru