S. MURALIDHAR, J.

1. This petition u/s 482 of the Code of Criminal Procedure, 1973 ('Code of Criminal Procedure') seeks the quashing of Complaint titled K.S. Consupro India (P) Limited v. Ganpati Oil India Limited Case No. 105/1/06 u/s 138 of the Negotiable Instruments Act 1881 ('NI Act') pending in the Court of the learned Metropolitan Magistrate ('MM'), Delhi and all proceedings consequent thereto.

2. The aforementioned complaint was filed by Respondent M/s. K.S. Consupro India Limited against the Petitioners Ganpati Oil Pvt. Ltd and Manish Aggarwal who was described as its director. The complaint was in relation to the alleged non-realisation of cheque No. 371548 dated 2nd September, 2005 for the sum of Rs. 17,31,719/- drawn on State Bank of India ('SBI'), Commercial Branch, Gwalior issued by Petitioner No. 1 in favour of the complainant. The said cheque when presented by the complainant for payment through its Bankers Union Bank of India, Khari Baoli, Delhi was returned unpaid. On the basis of the said complaint the Petitioners were summoned by the learned MM for the offence u/s 138, NI Act.

3. Learned Counsel for the Petitioners points out that the aforementioned cheque wa