V.L. Achliya, J.

By consent of the parties taken up for final hearing at the stage of admission.

2. By this application filed u/s 482 of Criminal Procedure Code ("Cr. P.C." for short), the applicant/original accused No. 2 has approached this Court with relief to quash and set aside the order dated 9/9/2011 passed by Metropolitan Magistrate 63rd Court at Andheri, Mumbai.

3. The applicant/original accused No. 2 ("the applicant" for convenience) has approached with the case that on the face of the averments made in the complaint, the learned Magistrate should not have issued process u/s 138 of Negotiable Instruments Act against the applicant. According to the applicant, the complaint itself discloses in uncertain terms that the complainant has filed the complaint against accused No. 1, as 'proprietary concern. The complainant has alleged that the applicant/original accused No. 2, is the Manager of the said proprietary concern and manage and control the business of the said proprietary concern. In view of the facts averred in the complaint and cheque in question admittedly issued by accused No. 1 under his signature as a proprietor of M/s. Petroline Corporation, the proprietary