( 1 ). By this petition under Section 397 of the Code of Criminal Procedure, 1973 (for short "cr,p. C. ") petitioner M/s. Dalmiya Resorts International Pvt. Ltd. is seeking quashing of the proceedings under Sections 82/83 cr. P. C. in the complaint filed by respondent No. 1 (Deepak gupta) against them and others, under Section 138 of the negotiable Instruments Act (for short "ni Act") read with section 420 of Indian Penal Code.

( 2 ). Facts in brief are that respondent No. 1 (Deepak gupta) filed a complaint against the petitioner, Mrs. Indu dalmiya (Chairperson), N. P. Jalan and Pardeep Shukla (Directors, of petitioner No. 1) alleging that the petitioner issued cheque No. 974214 dated 3rd December, 1997 for Rs. 18,515. 67 drawn on State Bank of Patiala, nehru Place, New Delhi. The cheque was dishonoured with the remarks "stopped payment". Pospite notice, the payment was not made. After the preliminary enquiry, petitioner were summoned under Section 138 of NI Act. Summons were returned unserved and they did not appear. On 9. 10. 2000, learned trial court, passed the following order :-

"present Complainant with Counsel. Accused No. 1 is a Company. Accused no. 2-4 are abse