Anuja Prabhudessai, J.

This is an application filed under Section 482 of Cr.P.C. filed by the applicants, original accused nos.2, 5 and 7 for quashing the proceeding in C.C.No. 221/S/2002 pending on the file of the learned Metropolitan Magistrate's 34th Court, Vikhroli, for offence under Section 138 of the Negotiable Instruments Act.

2. Shri Kopty, the learned Counsel for the applicant has submitted that the complaint does not contain any averment as regards the role played by the aforesaid applicant in commission of the said offence. Relying upon the decision of the Apex Court in Gunmala Sales Pvt. Ltd. v. Anu Mehta and Ors. Dated 17.10.2014, submits that in the absence of basic averments against the applicants, they cannot be prosecuted for offence under Section 138 of the Negotiable Instruments Act.

3. I have perused the records and considered the submissions advanced by the learned Counsel for the applicant and the APP for the state. The records reveal that the respondent no.2 herein had lodged a complaint under Section 138 of the Negotiable Instruments Act against M/s. Pharma Off-set Ltd., (now known as M/s. Pharmacom (India) Ltd.) being the accused no.1 and six others.