https://www.taxtmi.com/caselaws?id=298880 A complaint under Section 138 of the Negotiable Instruments Act must positively aver that the complainant is the payee or holder in due course of the cheque; without that foundational assertion, the statutory locus for cognizance under Section 142 is not made out. Where the complaint is silent on who the payee or holder in due course is, the court cannot assume compliance with the mandatory requirement for a written complaint by an authorised person. On that footing, cognizance was held unsustainable and the process issued against the accused was liable to be quashed. en-us Fri, 17 Dec 1993 00:00:00 +0530 Thu, 25 Nov 2021 14:32:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298880 A complaint under Section 138 of the Negotiable Instruments Act must positively aver that the complainant is the payee or holder in due course of the cheque; without that foundational assertion, the statutory locus for cognizance under Section 142 is not made out. Where the complaint is silent on who the payee or holder in due course is, the court cannot assume compliance with the mandatory requirement for a written complaint by an authorised person. On that footing, cognizance was held unsustainable and the process issued against the accused was liable to be quashed. Case-Laws Indian Laws Fri, 17 Dec 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298880