O R D E R

The petitioner is the 2^nd accused in C.C.No.1610 of

2017 on the file of the Court of the Judicial Magistrate of First Class, Thrippunithura, which has been filed by the 2^nd respondent alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('Act', in short). The petitioner contends that even if the allegations in Annexure A1 complaint are taken on its face value, the same will not attract the offence against the petitioner. The petitioner is not the Managing Director of the 1^st accused-company. The petitioner has never been in charge of the affairs of the 1^st accused-company. The petitioner has not signed or issued the cheque on behalf of the 1^st accused-company. As per Annexure A3 certificate issued by the Registrar of the Companies, Ernakulam, it is evident that the petitioner is not the Managing Director. The petitioner has no knowledge about the transaction. The complaint has been filed on a total misunderstanding of the facts.

Therefore, Annexure A1 complaint may be quashed. 2. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

3. The crux of the petitioner's contention is that he is no