M. L. Singhal, J.

1. It was a complaint under Sec.138/ 142 of the Negotiable Instruments Act filed by M/s Betco Chit Fund private Limited through its attorney Shri R. L. Sehgal against M/s Vee kay Industries and in the Court of Judicial Magistrate 1st Class, faridabad. Complainant M/s Betco Chit Fund Private Limited was represented by Sh. V. K. Sharma, Advocate while accused M/s Vee Kay industries was represented by Sh. S. K. Daggar, Advocate. In appeal before the learned Session Judge M/s Vee Kay Industries, appellant-accused was represented by Sh. S. K. Daggar Advocate while m/s Betco Chit Fund Private Limited, complainant-respondent was represented by Sh. V. K. Sharma, Advocate. It was a private prosecution launched bya private complainant viz M/s Betco Chit Fund Private limited. Offence under Sec.138 of the Negotiable Instruments Act is not a cognizable offence. The Police has no right to intervene so far as this offence is concerned. If that was so, before the learned Sessions judge, impleading of State of Haryana and appearance of Sh. P. C. Mehta, public Prosecutor was rather a misnomer. Sec.142 of the Negotiable instruments Act itself is clear when it lays down that