ORDER

This is an application under Section 482 of Cr.P.C for quashment of impugned order dated 19/12/2023 in CSNIA Complaint No.25/18 and also for a direction to hold that the proceedings pending before the Court of Judicial Magistrate First Class, Damoh are not maintainable.

2. Learned counsel for the applicant submits that in the present case, the applicant is being prosecuted under Section 138 of the Negotiable Instrument Act, 1881 on the strength of a complaint moved by the respondent/company. Learned counsel for the applicant contends that a copy of the notice was sent to Director of applicant company Shri Rahul Kumawat in the individual capacity which has been brought on record as Annexure P/3. A perusal of the said notice reveal that the same was sent to an individual and not to company and the same does not satisfy the requirements as stipulated in Section 141 of Negotiable Instrument Act, 1881.

3. It is contended by the counsel that the complaint has been filed against the applicant's company and therefore, it is obligatory upon the complainant to ensure compliance of provisions of Section 141 (1) of Negotiable Instrument Act, 1881. It is contended by the counsel