( 1 )

( 2 ) THE accused in Criminal Case No. 568 of 1996 on the file of Judicial magistrate, First Class, Ahmedabad Rural have filed the present petition under Sec. 482 of the Code of Criminal Procedure for quashing and setting aside the proceeding of the said Criminal case.

( 3 ) THE petitioners are the Private Limited Company manufacturing agro-climatic and pesticides. The respondent No. 1 was a customer of the petitioners-Company and admittedly there was transactions of respondent No. 1 purchasing the petitioners- companys products on credit. It is the claim of the petitioners that on 5-10-1995 the respondent No. 1 was owing an amount of Rs. 6,71,115. 26 and towards the said dues, they gave a cheque bearing No. 168896 on 30-1-1996. The said cheque was presented by the petitioners for encashment to their Bank and the cheque was under sec. 482 Criminal Procedure Code for quashing prosecution. dishonoured with endorsement of insufficient funds. Thereafter, the petitioners had issued statutory notice under Sec. 138 of Negotiable Instruments Act and then getting a reply from the respondent No. 1 and non-payment of the full of the amount of the cheque within 15 days of