M.R. Shah, J.—Present application has been filed by the applicant-original accused under Section 482 of the Code of Criminal Procedure to quash and set aside the complaint filed by the Respondent No. 2 – original accused herein, being Criminal Case No. 1033 of 2002, pending in the Court of learned Judicial Magistrate (First Class), Surat for the offence under Section 138 of the Negotiable Instruments Act, 1881 (Act No. 26 of 1881) (hereinafter shall be referred to as “the N.I. Act” for short).

2. A complaint came to be filed by the Respondent No. 2 – original complainant in the Court of learned Judicial Magistrate (First Class), Surat against the applicant – original accused for the offence under Section 138 of the N.I. Act, alleging inter-alia that three cheques bearing Nos. 312569, 312568 and 312570, dated 29.06.2002 were issued by the applicant in favour of the complainant which came to be deposited on 04.07.2002. However, the same came to be dishonoured with an endorsement of ‘insufficient fund”. It was further alleged in the complaint that thereafter statutory notice as contemplated under Section 138 of the N.I. Act came to be issued upon the applicant – accused on 09.