M.R. Shah, J.—The present application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant herein - original accused to quash and set aside the impugned complaint being Criminal Case No.1517 of 2008 pending in the Court of learned Metropolitan Magistrate, Court No.15, Ahmedabad filed by respondent No.1 herein- original complainant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “NI Act”).

2. Respondent No.1 herein original complainant has filed the impugned complaint/Criminal Case against the applicant herein- original accused in the Court of learned Metropolitan Magistrate, Ahmedabad for the offence punishable under Section 138 of the Negotiable Instruments Act for dishonour of cheque No. SA 7-287361 dated 20.6.2008 for an amount of Rs.4,25,000. It is averred in the said complaint that the said cheque was dishonoured by the Bank with an endorsement “Funds Insufficient” and thereafter, the applicant herein-original accused was served with the statutory notice dated 30.6.2008 as required under Section 138 of the Negotiable Instruments Act and despite the service of the same,