JUDGMENT

Sunil Gaur, J.

1. Petitioner has been summoned as an accused in Complaint Case No.2245/01 under Section 138 of Negotiable Instruments Act titled M/s. Royal Trading Company V. Ajay Dhir and in this petition, he has sought quashing of the summoning order dated 11th August, 2005. The grounds taken for quashing of the impugned order of summoning are that the attorney of respondent no.2, proprietary concern cannot depose and to support this stand, reliance has been placed upon a judgment of the Apex Court rendered in case of Janki Vashdeo Bhojwani and Anr. V. Indusind Bank Ltd. and Ors. (AIR 2005(2) SCC 217). It has also been urged on behalf of the petitioner that the summoning order is bad in law as it discloses non-application of mind and for this proposition, reliance has been placed on the case Pepsi Food Ltd. and Another V. Special Judicial Magistrate and Ors. reported in 1998 Supreme Court Cases (Crl.) 1400. The next contention of the petitioner is that the affidavit filed by way of evidence has not been duly executed and so is not admissible. To state so, reliance has been placed upon case of M/s Miraj Marketing Corpn. V. M/s.Vishaka Engg. and Anr. (115 (2004) Delhi La