JUDGMENT

M.R. Shah, J.—Mr. P.P. Majumdar, learned Advocate waives service of rule on behalf of respondent No. 2. Mr. K.T. Dave, learned APP waives service of rule on behalf of respondent No. 1.

2. By way of this application under Section 482 of the Criminal Procedure Code, the petitioners original accused have prayed for an appropriate order to quash and set aside the Criminal Case being No. 506/2005 pending in the Court of learned Chief Judicial Magistrate, Surendranagar under Section 138 of the Negotiable Instruments Act (‘N.I. Act’ for short).

3. A criminal case has been filed by respondent No. 2 original complainant in the Court of Chief Judicial-Magistrate, Surendranagar against the petitioners under Section 138 read with Section 142 of the N.I. Act alleging inter alia that the petitioners have given cheque No. 131423 dated 8-1-2005 for an amount of Rs. 2,37,160/-. The said cheque was deposited in the Bank and same was returned by the Bank by written memo dated 19-1-2005 with an endorsement ‘insufficient funds’. It is the case on behalf of the complainant in the complaint that the original complainant received intimation with regard to the return of the cheque vide communicati