J.B. Pardiwala, J.

By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused no.2 seeks to invoke the inherent powers of this Court praying for quashing of the proceedings of Criminal Case No.453 of 2016 in the Court of the Judicial Magistrate First Class, Jasdan, District-Rajkot, arising from the complaint filed under Section-138 of the Negotiable Instruments Act [for short 'The Act'].

2. It appears from the materials on record that the respondent no.1 viz. Rajkot Nagrik Sahakari Bank Limited filed a complaint under Section-138 of the Act against a Partnership Firm running in the name of Radheshyam Oil Mill and its two Partners. The applicant herein is shown to be one of the partners of the Partnership Firm in the complaint. He is accused no.3. It appears that the Partnership Firm obtained a loan from the Bank to the tune of Rs. 3,94,67,642.86ps. The accused no.2 issued a cheque of Rs. 3,70,00,000/- bearing No.000188, dated 20/03/2016 drawn on the Bank of Baroda, Jasdan Branch, Rajkot, in favour of the complainant bank for the discharge of the loan liabilities. The said cheque was presented by the complainant bank for clearance, but the same came to be dishonoured on account of insufficient funds in the account of the Partnership Firm. In such circumstances, the bank issued a statutory notice, dated 25/03/2016 to the Partnership Firm as well as to the two partners interalia stating as under:-

1. That you Noticee no.1 is a partnership firm and having its registered office at address as mentioned in cause title of this notice and Noticee no.2 and 3 are in charge and responsible person for the day-to-day affairs of the Noticee no.1 firm.

2. That you noticees were in need of financial assistance and accordingly you noticees applied to my client bank for the loan/ credit facility.

3. The said loan has been sanctioned and disbursed by my client bank to you noticees and availed by you noticees for the purpose as mentioned in loan agreement.

4. That in you said loan account Rs. 3,94,67,642.86/- (In words Rupees Three Crore Ninety Four Lacs Sixty Seven Thousand Six Hundred Forty Two and Eighty Six Paise Only) are due and payable by you.

5. That you noticees have drawn and issued a Cheque of Rs. 3,70,00,000/- (in words Rupees Three Crore Seventy Lacs Only) bearing Cheque No.000188 dated March 20, 2016 (20.03.2016) drawn on bank of Baroda, Rajkot from your bank account maintained by you with your said banker to partly discharge your above mentioned liabilities.

6. That the said aforesaid cheque is signed by your Noticee no.3 in capacity partner of Noticee no.1 firm.

7. That you noticees have given assurance to my client that the said cheque shall be honoured on presentation of same by my client(s) for collection. My client has presented the above mentioned cheque for collection. However, it is regretted to say that the said cheque was dishonoured due to reason in written Memo dated March 21, 2016 (21.03.2016) i.e. "Funds Insufficient" in your above mentioned bank account.

8. You Noticee No.2 to 3 are in charge and responsible for day-to-day affairs of Noticee no.1 firm at the relevant time when the aforesaid transaction has taken place between you Noticees and my client and therefore you noticees are liable to be prosecuted under the provisions of Negotiable Instrument Act.

9. That Noticee No.2 and 3 being partners of Noticee No.1 firm have actively participated with my client bank in relation to the subject loan transaction, and Noticee no.2 and 3 have signed the relevant loan document pertaining to the subject loan borrowed by Noticee No.1 firm interalia as described in said document(s). My client says that during the loan transactions Noticee No.2 and 3 had actually and actively participated and in negotiation on behalf of Noticee No.1 firm. The officer of my clinet bank as and whe