D. H. Waghela, J. : This petition moved under Sec. 482 of the Criminal Procedure Code, 1973 (`the CrPC' for short) prays quashing of the Criminal Complaint No. 6690 of 1997 pending in the Court of the learned Judicial Magistrate, First Class, Pardi. The said complaint alleges against the accused, a company and the present petitioner, the offence under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881 (`the Act' for short). The earlier attempt of the petitioner at discharge through the application at Exh. 13 has failed, by virtue of the order dated 3.1.2002 of the learned Judicial Magistrate, First Class, Pardi.

2. The prima facie record of facts as revealed in the aforesaid order below Exh. 13 and about which there is no controversy at this stage is such that the petitioner had drawn three cheques dated 30.7.1997, 31.8.1997 and 6.9.1997 in favour of the complainant and the same were dishonoured on account of the payment having been stopped by the drawer. Therefore, the complaint was filed after service of the demand notice dated 12.11.1997. It was the case of the petitioner that he had retired as Director of the accused No.1 Company and that he was implic