M.R. Shah, J.—Present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has been preferred by the applicants herein original accused Nos.2 to 5 to quash and set aside the complaint being Criminal Case No.3861/2006 pending in the Court of learned Judicial Magistrate First Class, Anand for the offence under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as “NI Act”).

2. That respondent No.2 herein through her Power of Attorney holder has filed the impugned complaint being Criminal Case No.3861/2006 against the applicants original accused Nos.2 to 5 and one another for the offence under Section 138 of the NI Act for dishonour of cheque dated 17.4.2006 for an amount of Rs.10 lacs contending interalia that the aforesaid amount of Rs.10 lacs was advanced by her husband on 7.12.2004 and one writing was executed on 7.12.2004 by the original accused No.1—partnership firm through its partner and administrator and for the said dues the cheque in question dated 17.4.2006 was given (post-dated) by the original accused No.1—partnership firm signed by original accused No.2. It is further averred in the s