2.The learned counsel appearing for the petitioner would submit that totally there are three accused persons added in this criminal complaint. The first and second accused persons are added in their capacity as partners and the third accused person is the partnership firm. The learned counsel appearing for the petitioner primarily raised two grounds before this Court. The first ground raised by the petitioner is that the cheque was given only as a security and the same has been misused by the respondent. This ground raised by the petitioner is factual in nature and the same has to be put to test in evidence before the Court below during the course of trial. This Court in exercise of its jurisdiction under Section 482 Cr.P.C, cannot consider this issue. The second ground that has been raised by the petitioners is that V.Sathish Kumar, does not participate in the day to day affairs of the business and he has been unnecessarily arrayed as an accused in the complaint and in order to substantiate this submission, the learned counsel appearing for the petitioner brought to the notice of this Court that J.Surya Vadhana, has signed the cheque in her capacity as the partner of the third accused firm. Therefore, the learned counsel appearing for the petitioner would submit that while adding V.Sathish Kumar as an accused, there should be necessary averments made in a complaint in https://hcservices.ecourts.gov.in/hcservices/ order to justify his addition as an accused in this case, by virtue of Section 141 of the Negotiable Instrument Act.
