JUDGMENT :

M.R. Shah, J.

Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners herein - original accused to quash and set aside the impugned complaint being Criminal Case No.4084 of 2007 filed by the respondent No.2 herein - original complainant for the offence punishable under section 138 r/w section 141 of the Negotiable Instruments Act, at the relevant time pending in the court of learned Metropolitan Magistrate, Court No.13, Ahmedabad.

2. The respondent No.2 herein – original complainant has instituted the impugned complaint being Criminal Case No.14084 of 2007 against the petitioners herein – original accused in the court of learned Metropolitan Magistrate, Ahmedabad for the offence punishable under section 138 read with section 141 of the Negotiable Instruments Act for dishonour of the cheque in question, issued by the petitioner Nos. 6 and 8 herein – original accused nos.6 and 8. That in the said complaint the learned Magistrate has directed to issue Summons against all the accused persons for the offence punishable under section 138 of the Negotiable Instruments Act. Hence, the petitioners - original accused have preferred the present petition under section 482 of the Code of Criminal Procedure.

3. Mr. G.M. Joshi, learned advocate appearing on behalf of the petitioners has stated at the bar that so far as the petitioner No.2 is concerned, he has already expired way back in the year 2008 and therefore, he is already deleted.

3.1. Mr.Joshi, learned advocate appearing on behalf of the petitioners does not press the present petition and seeks permission to withdraw the present petition QUA petitioner No.6 - original accused No.6 named Shri Rajeev Kumar Singh and petitioner No.8 - original accused No.8 named Shri Daljit Singh, who have issued cheques in question and who are signatory to the cheque in question.

Permission as prayed for is granted. Present petition is dismissed as withdrawn QUA petitioner Nos.6 and 8 – original accused Nos.6 and 8. Rule is discharged accordingly.

3.2. Under the circumstances, now the present petition is required to required to be decided so far as the rest of the petitioners are concerned i.e. petitioner Nos.1, 3 to 5, 7, 9 and 10.

3.3. Mr. Joshi, learned advocate appearing on behalf of the petitioner Nos.1, 3 to 5, 7, 9 and 10 has vehemently submitted that as such the said remaining petitioners have not committed offence under section 138 of the Negotiable Instruments Act, as alleged. It is submitted that the cheque in question which has been dishonoured and for which the impugned complaint has been filed, is neither issued by the rest of the petitioners nor the same is drawn from the Bank Account maintained by them or the original accused No.1 Company, of which the rest of the petitioners are Directors. It is submitted that admittedly the cheque in question which is dishonoured has been issued by the original accused Nos.6 and 8 and signed by them and drawn from the Bank Account maintained by them. Therefore, for the dishonour of the cheque which has been issued by the original accused Nos.6 and 8 and signed by them, and issued from the Bank Account maintained by accused Nos.6 and 8, and when such cheque is dishonoured, it cannot be said that the rest of the petitioners have committed any offence under section 138 of the Negotiable Instruments Act. It is submitted by Mr. Joshi, learned advocate appearing on behalf of the petitioners that ingredients of offence under section 138 of Negotiable Instruments Act are not satisfied so far as the reset of the petitioners are concerned and therefore, to continue the criminal proceedings against them would be abuse of process of law and court and therefore, it is requested to allow the present petition and quash and set aside the impugned complaint QUA them i.e. petitioner Nos.1, 3 to 5, 7, 9 and 10.

3.4. Mr. Joshi, learned advocate appearing on behalf of the petitioners has heavily relied upon the decision