Monoranjan Mallick, J. - The petitioner who is the accused no. 2 in the Case No. C/374/89 under section 138 of Negotiable Instruments Act, 1881 as amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 now pending before the learned Metropolitan Magistrate, 5th Court, Calcutta has moved this Court under section 401 read with section 482 of the Criminal Procedure Code, 1973 for quashing the said proceeding against him on the following allegations. On November 15, 1989 the opposite party being the Director (Commercial) of M/s. T.S. Foundry Equipment (Pvt.) Limited having its registered office at 2, Ganesh Chandra A venue filed a petition of complaint before the Learned Additional Chief Metropolitan Magistrate, Calcutta charging the petitioner with an offence under section 1881 as Amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988. In the aforesaid complaint it was, inter alia, alleged

"That the accused no. 1 Dilip Jaiswal, who is the Director of M/s. Hisco Steel (p.) Limited, the accused no. 1 on behalf of his company placed an order on 5-2-1989 to the complainant'