Negotiable Instruments Act, 1881–Sec. 138–Order of summoning as accused–Case of complainant revealing that he advanced the loan to H–Cheque in question was given by H which is bearing his signature and seal of the company–No iota of evidence to show that the petitioner-company was liable
for making repayments–Company cannot be prosecuted unless it is alleged that some fiduciary relationship has existed between H and petitioner company–Held, proceedings qua the petitioner-company deserves to be quashed.
