( 1 ) PETITIONERS have filed this application under Sec. 482 of the code of Criminal Procedure, 1973 (to be referred to as "the Code") to quash the complaint which is registered as Criminal Case No. 2793 of 1996 before the metropolitan Magistrate Court No. 16, Ahmedabad, for the offences punishable under sec. 138 of the Negotiable Instruments Act, 1881 (to be referred to as "the Act" ).

( 2 ) PETITIONER No. 1 Anchor Capitals of India Limited is doing business of financing and ancillary activities and in furtherance of the said activity, the Company had to appoint various agents to conduct the business of the Company, with limited authority and power. In the month of October 1996 it came to the notice of the present petitioner-Company that various agents have played fraud with the Company and have misused the cheques given to them. A newspaper item was published in the daily newspaper "lokdesh" on 5-2-1997 with regard to the fraud committed by the agents of the Company by misusing the cheques given to them. Respondent No. 2 had transaction with the agents of the Company at Ahmedabad, and had obtained cheques written in the name of Mahesh Label Company. Respondent No. 2 who is sole proprietor of Mahesh Label Co. , had given the said cheques received by her from various parties of Ichal Karanjee, Dist. Kolhapur, Maharashtra State and delivered the said cheques to the petitioner-Company. That the petitioners after taking their commission had in turn issued these cheques in favour of the respondent No. 2. The details of the said cheques are as under : name of the Cheque Amount Date of bank No. Cheque 1. Siddhi Co-op. Bank, 014772 18,731/- 10-10-1996 dhan Laxmi Market, revdi Bazar. 2. As above 014771 20,979/- 9-10-1996 3. As above 014762 12,038/- 6-10-1996 4. As above 014751 6,560/- 10-10-1996 5. As above 014778 15,545/- 10-10-1996

( 3 ) THE said cheques were deposited by the respondent No. 2 in the Bank on 10-10-1996 which came to be dishonoured on 22-10-1996. Respondent No. 2, thereafter, through her Advocate served statutory notice under Sec. 138 (b) of the act to the petitioners which was received by the petitioners on 24-10-1996. Petitioners gave reply to the said notice on 2-11-1996. As the petitioners did not comply with the statutory notice and did not make the payment of the dishonoured cheques, on 20-11-1996 a complaint came to be filed against the petitioners in the court of Metropolitan Magistrate, Ahmedabad, for the offence punishable under Sec. 138 of the Act.

( 4 ) THE said complaint was registered as Criminal Case No. 2793 of 1996. The learned Metropolitan Magistrate, Court No. 16, Ahmedabad, examined the complainant on oath and after satisfying himself with regard to the allegations made in the complaint, took cognizance as the complaint disclosed ingredients of the offence under Sec. 138 of the Act. After taking cognizance of the offence under Sec. 138 of the Act, the learned Metropolitan Magistrate issued process against the petitioners for the said offence, which has been challenged by the petitioners by filing this Misc. Criminal Application.

( 5 ) LEARNED Counsel for the petitioners Mr. Y. F. Mehta has submitted that prima facie the complaint does not disclose the ingredients of the offence punishable under sec. 138 of the Act. It is submitted that the necessary ingredients that the petitioners had issued cheques towards the discharge of debt or other liability is found missing in the complaint, and therefore, the complaint requires to be quashed. Learned counsel for the petitioners has also submitted that the cheques in question were not issued towards the debt or any other liability, and therefore, the ingredients under sec. 138 of the Act were not attracted and hence, the complaint also requires to be quashed. It is further submitted by the learned Counsel for the petitioners that the complaint is not filed by the authorized person of Mahesh Lable Co. , and on that ground also the complaint req