Sudershan Kumar Misra, J.

1. The petitioners have moved this Court under Section 482 of the Code of Criminal Procedure. They pray that the summoning order issued by the Metropolitan Magistrate, Patiala House, New Delhi on 11. 04. 2008, in criminal complaint No. 399/1 of 2007, under Sections 138, 139 and 141 of the Negotiable Instruments Act, 1881, be quashed.

2. The first petitioner is a Company registered under the Companies Act. Its registered office is at Pune. Petitioners No. 2 and 3 are the Directors of the first petitioner. The respondent is also a company. It is registered at New Delhi. A contract was entered between the first petitioner and the respondent whereby the first petitioner was to set up a ‘Mutli Effect Evaporater Distillation Plant for Bio-Methanated Spent Wash’ for the respondent. By way of security for due performance of that contract, the first petitioner issued an undated cheque favoring the respondent for Rs. 29,50,000/- drawn on Bank of Maharashtra, Model Colony Branch, Pune. This cheque is stated to have been handed over to the respondent company on 15. 10. 1995.

3. The petitioners allege that although they fulfilled their commitment for which t