ORAL JUDGMENT :- Rule made returnable forthwith. Heard finally by consent of parties.

2. By this application under section 482 of the Code of Criminal Procedure read with Articles 226 and 227 of the Constitution of India, the applicants seek to quash Summary Criminal Case No. 72/2005 pending before the Judicial Magistrate, First Class, Achalpur.

3. Non-applicant No.1 (hereinafter referred to as the "Complainant") is a company duly registered under the Indian Companies Act, 1956. It is engaged the business of construction. Its registered office is at Achalpur Camp, District- Amravati.

4. Applicant No. 1 is a partnership firm which is also engaged in the business of construction. It has its office at Nagpur. Applicant Nos. 2 to 4 are the partners of applicant No.1.

5. The complainant filed a complaint under section 138 of the Negotiable Instruments Act, 1881 against the applicants alleging therein that the complaint provided plant and machinery on rental basis to the applicants. Towards the payment of rental amount, applicant No.2 (Girish s/o Dharampal Jain) on behalf of all the applicants, issued cheque for Rs. 3 Lacs on 25-10-2004 in favour of the complainant drawn on State of Bank

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