1. By way of the present petition the petitioners have invoked the extraordinary jurisdiction of this Court vested in this Court under Section 482 of the Code of Criminal Procedure and have made the following prayers: a) quash criminal complaint under Section 138 of Negotiable Instruments Act against Petitioner pending before the Court of Ms Anuradha Shukla, MM, New Delhi entitled as “SRP Industries Ltd vs. R P Mathur, Prop. Radhika Leather Fashions”.

b) and/or alternatively quash warrant case emanating out of FIR No. RC, 50 (A)/95-DLI dated 23.6.1995 with Central Bureau of Investigation; c) and/or otherwise pass such further orders and grant relief that the Hon?ble Court may deem fit and proper under the facts and circumstances of the case. 2. The petitioner is facing a complaint filed by the respondent under Section 138, 141 & 142 of the Negotiable Instruments Act, 1881 on the allegations that the petitioner issued a cheque of Rs. 60 lacs in favour of the respondent for valid consideration. The said cheque bearing no. 784074 dated 30.09.1994 was dishonored on presentation by the bankers of the petitioners with the remarks “funds insufficient”. The complainant/ respondent then issued a legal notice to the petitioner dated 07.10.1994 informing the petitioner about the dishonor of the aforesaid cheque and calling upon him to pay the amount of cheque within a period of 15 days of the receipt of said legal notice. Since the petitioner failed to make the payment, the respondent after waiting for the statutory period of 30 days filed a complaint in the Court of Metropolitan Magistrate in which the petitioner was summoned to face the trial.

3. Before filing the aforesaid complaint the respondent also made a complaint to the CBI on 23.06.1995 against the petitioner & 3 others and on that basis an FIR was registered by the CBI bearing No. RC 50 (A)/95-DLI. The said complaint reads as under: “The Superintendent of Police, CBI, Anti Corruption Branch-I, Block 4, C.G.O. Complex, Lodhi Road, New Delhi-3. Sir, this is to bring to your notice on 21.3.1994 Shri Vijay Borar of Borar & Co., Chartered Accountant, New Delhi approached us for discounting a trade bill of exchange of Rs. 60 lacs drawn by Kay Bee & Co., on Radhika Leather Fashions, New Delhi with the proposal of Mr. Borar as looking to the amount of the bill we wanted to collateral security. Mr. Borar assured that this bill and the obligations there under would be met with on due date because he had arranged a confirmation from the Chief Manager, State Bank of Saurashtra, Lodhi Road affirming the commitment of meeting obligation by the Bank on due date also. The bill of exchange was accepted and co-accepted for payment by Mr. R.P.Mathur, Prop. Radhika Leather Fashions and the Chief Manager, State Bank kof Saurashtra. State Bank of Saurashtra also issued a certificate dated 24.3.1994 confirming that Mr. R.P.Mathur, Prop. Radhika Leather Fashions has a running Credit limit of Rs. 2075 crores with the Bank and the amount will be paid on due date. Further, on 30.3.1994, the Chief Manager of Saurashtra conformed to us that the payment will be made on the due date i.e. 30.9.1994. On the basis of aforesaid representation and assurance by Mr. Vijay Borar, Mr. R.P.Mathur, the Chief Manager of State Bank of Saurashtra we discounted the aforesaid bill of exchange. ON 3.9.1994 the bill of exchange was due for payment but on presentation the cheque given to us for making repayment on the bill was dishonoured and when we tried to meet Mr. R.P.Mathur, of RAdhika Leather Fashions we were told that he is out of India. Mr. Vijay Borar told us that State Bank of Saurashtra being the co-acceptor is bound for their commitment but despite our best efforts no payment was made by Bank of Saurashtra. Again we along with the Notary Public approached the Bank and requested for payment against the bill of exchange, but no payment was made and even Bank of Saurashtra refused to accept the le