1.0. Present Criminal Miscellaneous Application has been preferred by the petitioners-original accused to quash and set aside the Criminal Case No.2088 of 2002, pending in the Court of learned JMFC, Surat for the offence under Section 138 of the Negotiable Instruments Act, lodged by respondent no.1 herein.

2.0. That respondent no.1 herein-original complainant has instituted / filed complaint being Criminal Case No.2088 of 2002 in the Court of learned JMFC, Surat against the petitioners and other for the offence under Section 138 of the N.I. Act alleging inter alia that he became the Director of original accused no.1 company on 1.4.2001. That thereafter, he put by way of deposit/ loan a sum of Rs.3 lacs, which was accepted by the original accused no.1 company through original accused no.2. That thereafter, the complainant resigned as a Director on 11.9.2001 and at that time he asked for returned of Rs. 3 lacs and he was given cheque of Rs. 3 lacs dated 15.3.2002 drawn on Progressive Mercantile Cooperative Bank, Naranpura, Ahmedabad drawn from Bank Account of the original accused no.1 company, which was signed by the original accused no.2. It is further alleged in the said c