Satish Kumar Mittal, J. —Petitioner O.P. Mehra has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of criminal complaint No.115 of 1998 (Annexure P1), filed by respondent No. 1 under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘the Act’) as well as the summoning order and the other consequential proceedings.

2. The petitioner is 85 years old senior citizen, who has served the country for about 35 years in the Indian Air Force, from where he retired as Air Chief Marshal. He was awarded Padam Vibhushan in the year 1977. The grouse of the petitioner is that he has been unnecessarily impleaded as an accused in the aforesaid complaint filed by respondent No.1 under Section 138 of the Act and the Judicial Magistrate 1st Class, Chandigarh, without applying his mind and without there being sufficient averment and evidence against the petitioner on the record, he has summoned the petitioner as accused along with 8 other persons. Thus, the process of law and Court has been misused by respondent No. 1 to unnecessarily harass the old senior citizen.

3. In this case, respondent No. 1 filed criminal complaint No. 115 of