Negotiable Instruments Act, 1881–Secs. 138 & 141–Order of taking cognizance–Admitted factual position that the petitioner was not arrayed as an accused in the original complaint and the complaint was filed solely against the company–Petitioner cannot be regarded as the drawer of cheque within the meaning of Sec. 7 r/w. Sec. 138 of the Act–A scrutiny of the complaint further reveals a conspicuous absence of foundational or categorical averments attributing any direct role, act or omission on the part of the petitioner either in the issuance of the cheque or in the conduct of the company’s business affairs at the material time–Complaint is liable to be quashed.
