1993 (12) TMI 238

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....-original accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. So far as parties to the present proceedings are concerned, they are the same parties in all the petitions and the question involved is also the common question, and hence all the petitions are disposed of by this common judgment. 3. Few relevant facts are as under: Opponent No. 1 is the Manager of Shree Trading Corporation which deals in the business of caustic soda at Ahmedabad. Petitioner No. 1 is the Managing Director while petitioner No. 2 is the Director of M/s. Sanchem Enterprise, a registered company under the Companies Act. 4. So far as Miscellaneous Criminal Application No. 87 of 1991 is concerned, further facts ar....

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....ment of Rs. 93,943/-. It is alleged in the complaint that "after receiving the materials the accused had issued two cheques of Vijaya Bank, Navrangpura Branch, Ahmedabad, dated 10-6-1990 for Rs. 42,809/- and dated 17-6-1990 for Rs. 51,134/- bearing Nos. 443464 and 443467 respectively". The cheques were presented to the banker for collections but the same were dishonoured and hence a notice was given to the petitioners and inspite of that as payment was not made the complainant was obliged to file a complaint under Section 138 of the Negotiable Instruments Act. 6. So far as Miscellaneous Criminal Application No. 133 of 1991 is concerned, it is alleged in the complaint that the petitioners placed an order for supply of caustic soda which w....

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....fic statement indicating the amount of cheque, its number, date and the bank on which it is drawn is there but complaint is not indicating as to in whose favour the cheque is issued or who is the payee or holder in due course. In absence of requisite detail the Court ought not to have taken cognizance in view of Section 142 of the Negotiable Instruments Act, which reads as under: 142. Cognizance of offences.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (II of 1974): (a) no Court shall take cognizance of any offence punishable under Section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) .... (c) .... ....