( 1 ) HEARD learned Counsel for the respective parties. Rule. Mr. N. D. Gohil, learned A. P. P. waives service of rule for respondent No. 1. Mr. Paresh Dave waives service of rule for respondent No. 2. On a joint request of learned Counsel for the parties, this application is taken up for final hearing today.

( 2 ) ). This is an application under Sec. 482 of the Criminal Procedure Code at the instance of original accused No. 1, in a complaint filed by the respondent no. 2 in respect of an offence alleged to have been committed under Sec. 138 of the Negotiable Instruments Act read with Sec. 141 of the said Act.

( 3 ) ). The short facts which are relevant for the purpose of present decision are not in dispute. The second respondent herein - original complainant had placed fixed deposit with the company by the name of M/s. Piramal Financial services Ltd. , wherein the present applicant-accused No. 1 was Managing director. The company had issued four cheques by way of repayment of this fixed deposit. These four cheques were issued in the name of the original complainant, and were drawn on the account of the company under the signature of accused No. 1. It is however pert