1992 (4) TMI 267

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....s from Gopalakrishna Trading Co. for quite long on credit basis and subsequently settling the account by the issuance of cheque for the purchases so made. On one occasion for the money due on the purchases so made, he appeared to have issued a cheque for Rs. 25,000 dated May 30, 1991, in favour of Gopalakrishna Trading Co. The cheque when presented by the said company on November 28, 1991, got bounced with an endorsement "insufficient funds" on December 10, 1991. After complying with other formalities, it is said Gopalakrishna Trading Co. represented by its manager, P. Sivaram, lodged a complaint against the said Baskaran for an alleged offence under section 138 of the Negotiable Instruments Act, 1881, before the Seventh Metropolitan Magist....

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....ny for the purpose of this Act and the said explanation runs as under : "Explanation. - For the purpose of this section, - (a) 'company' means any body corporate and includes a firm or other association of individuals." 8. Section 142(a) deals with cognizance of offences and the said section reads as under : "Cognizance of offences. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 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." 9. From the provisions as extracted above, it is rather crystal clear that....