ORDER :

1. This petition is filed to quash the proceedings against these petitioners/A1 and A2 in CC No.206 of 2015 on the file of the III Special Magistrate Court, Erramanzil. The petitioners are being prosecuted by the 2nd respondent for the offence under Section 138 of the Negotiable Instruments Act.

2. The case of the 2nd respondent is that an amount of Rs.75,00,000/- was given to the accused/petitioners as loan and towards repayment the petitioners issued a cheque bearing No.180902 for Rs.75.00 lakhs. The said cheque was returned unpaid for the reason of ‘payment stopped by the drawer’. Aggrieved by the return of the cheque, a notice was issued. Since the payment covered by the cheque was not paid within the statutory period, after issuing legal notice, the complainant filed the present case.

3. Learned counsel for the petitioners submits that the respondent/complainant is prosecuting the case in his individual capacity. Even according to the complaint, the amount was given from the account of M/s.I.K. Distilleries Private Limited and the cheque was issued in favour of M/s. I.K. Distilleries Private Limited. Prosecuting the petitioners by the complainant in his individual capa