B.K. Nayak, J.— In this writ application the petitioners have challenged the maintainability of the criminal proceeding in ICC No. 847 of 2008 initiated by the opposite party-company under Section 138 of the N.I. Act and prayed for quashing the said complaint case.

2. Petitioner No.1 is a company registered under the Companies Act, 1956 having its registered office at College Square, Cuttack and petitioner No.2 is its Managing Director. The opposite party is also a company registered under the Indian Companies Act having its registered office at Bapujinagar, Bhubaneswar. The opposite party filed a complaint under Section 138 of the N.I. Act in the Court of learned S.D.J.M., Bhubaneswar, which was registered as ICC No. 847 of 2008. In the complaint petition, the opposite party-company has been represented by its constituent attorney, Sri Mahendra Kumar Pradhan, Law Officer of the Company. The complaint was filed against the petitioners and five other Directors of the petitioners-company for dishonour of a cheque for Rs. 6,20,6371 which was purportedly issued towards discharge of debt. The five Directors, who were arrayed as accused Nos. 3 to 7, moved the High Court under Sec