1 WPs : 674-675/2010 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.674 of 2010 WITH WRIT PETITION NO.675 OF 2010 Sandeep Makhecha .. Petitioner -Versus- Mr. Mukesh Sharma & Anr. ... Respondents Mr. Vinit V. Jain for Petitioner. Mr. Roshan R. Pawaskar for respondent. Mrs. A.A. Mane, APP for State. CORAM: SMT. R.P. SONDURBALDOTA, J. Date : 18th November, 2011. P.C.:- These petitions are filed by the accused in C.C. No. 3385/SS/2009 pending in the Court of Additional Chief Metropolitan Magistrate, 10th Court at Andheri, Mumbai for the offence punishable under Section 138 Negotiable Instruments Act. The petitioner seeks quashing of proceedings on the ground that the petitioner does not owe any liability to respondent no.1 and that the cheques in question were not issued to respondent no.1. The cheques have been issued to one Mr. Dayabhai M. Patel and Mr. Manibhai J. Patel. Perusal of the complaints shows that 2 WPs : 674-675/2010 respondent no.1 has filed the complaints as constituted attorney of Dayabhai and Manibhai. A copy of power of attorney is annexed to the complaints. The statutory notice sent before filing of the complaint was also sent through respondent no.1 as the constituted attorney of Dayabhai and Manibhai. In that circumstance, there can be no substance in the argument that the complaints have been filed by respondent no.1 in his personal capacity and hence not maintainable. Hence, the petitions are dismissed. (Smt. R.P. SondurBaldota, J)