JUDGMENT :

SONIA GOKANI, J.

1. This is a petition preferred for quashment of criminal complaint filed by the respondent No. 1 herein being Criminal Case No. 8905 of 2007 against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (the N.I. Act hereinafter) for dishonour of cheque No. 2574257 dated 25.12.2006 drawn on Punjab and Sind Bank, Indore for Rs. 2.70 Lakh alleged to have been issued by the petitioner No. 2 on behalf of petitioner No. 1 for the goods sold to the petitioner No. 1 by the respondent No. 1.

1.1 On the ground that the transaction has found fraudulent and allegedly misused by the respondent No. 1 in an active collusion of brother-in-law of the petitioner No. 2 Shri Rajendra Singh Rajpal, the petitioner has moved this petition under Article 226 of the Constitution of India with Section 482 of the Code of Criminal Procedure with the following reliefs:

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(A) Your Lordships may be pleased to allow the present petition and be further pleased to quash and set aside the impugned criminal complaint being Criminal Complaint No. 8905 of 2007 filed before the learned Judicial Magistrate (First Class), Ahmedabad (Rural).

(B) Pending admission and final