JUDGMENT

J.R. Vora, J. - Rule. Learned APP Mr. K.P. Raval waives service of rule on behalf of respondent No. 1 and learned counsel Mr. D.O. Vyas waives service of rule on behalf of respondent No. 2. With the consent of the learned Advocates appearing for the parties, the matter is finally heard and decided today.

2. This application is lied by the petitioners under Sec. 482 of the Criminal Procedure Code to quash a criminal complaint. The extent of criminal liability, which arises under Sec. 138 of the Negotiable Instruments Act, 1881 is the real controversy, which is the crux of the matter, requires to be adjudicated. The transactions, which are otherwise exclusively commercial and subject to civil jurisdiction, now by enacting Sec. 138 of the Negotiable Instruments Act, attaches criminal liability against the persons involved in such transactions. A careful judicial scrutiny and a deep probe is necessary to set at, rest the battle arising from the commercial transaction.

3. Looking to the brief facts of the case it is revealed that one Shanku Concretes Pvt. Ltd., Halol. District Panchmahals, a company incorporated through its Managing Director Mr. Jaidev Kotak, residing at Bombay