[1.0] Present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has been preferred by the applicants herein – original accused Nos.2 to 5 to quash and set aside the complaint being Criminal Case No.3861/2006 pending in the Court of learned Judicial Magistrate First Class, Anand for the offence under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as “NI Act”).

[2.0] That respondent No.2 herein through her Power of Attorney holder has filed the impugned complaint being Criminal Case No.3861/2006 against the applicants – original accused Nos.2 to 5 and one another for the offence under section 138 of the NI Act for dishonour of cheque dated 17.04.2006 for an amount of Rs.10 lacs contending inter-alia that the aforesaid amount of Rs.10 lacs was advanced by her husband on 07.12.2004 and one writing was executed on 07.12.2004 by the original accused No.1 – partnership firm through its partner and administrator and for the said dues the cheque in question dated 17.04.2006 was given (post-dated) by the original accused No.1 – partnership firm signed by original accused No.2. It is further averred