K.J. Rohee, J.—Rule. Rule made returnable forthwith. The learned APP and the learned counsel waive service of notice on behalf of respondent Nos. 1 and 2 respectively. Heard finally by consent of the parties.

2. By this application under Section 482 of the Code of Criminal Procedure the applicants seek to quash and set aside the Order dated 30-10-2003 directing issuance of process against them for the offence under Section 138 of the Negotiable Instruments Act by Judicial Magistrate, First Class, 4th Court, Akola in Criminal Complaint Case No.18620 of 2003.

3. In Order to appreciate the controversy involved in the present case, brief resume of the facts is necessary.

4. Applicant No.1 Selvarani Cotton Mills Private Limited (hereinafter referred to as accused no.1) is a Company situated at Dindugal, District - Coimbatore (Tamil Nadu). Applicant Nos.2 and 3 (hereinafter referred to as accused Nos.2 and 3) are the Directors of applicant No.1. They deal in cotton business.

5. Respondent No.2 Vimal Goenka Industries (hereinafter referred to as the Complainant) is a registered partnership firm dealing in cotton at Akola (Maharashtra).

6. The complainant filed complaint against th