ORDER :

1. Rule returnable forthwith. Ms. Maithili Mehta, he learned APP waives service of notice of rule for and on behalf of the respondent No.1-State and Mr. Aditya Pandya, the learned advocate waives service of notice of rule for and on behalf of the respondent No.2 – Complainant.

2. By way of present writ-application the writ-applicants herein have prayed for quashing of order of issuance of process qua the present writ-applicants (original accused Nos.1 and 2) and for quashing and setting aside the Criminal Case No.1522 of 2016 pending before the learned 3rd Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Gandhinagar.

3. The brief facts germane for adjudication of the present writ-application read thus :-

3.1 The writ-applicant No.1 is the Director of the ECOLIBRIUM ENERGY PVT. LTD., and accused No.1 in Criminal Case No.1522 of 2016 and the writ-applicant No.2 is the authorized signatory of the said Company and accused No.2 in the said criminal case. The Company is not joined as an accused in the proceedings nor has been issued any notice as contemplated under Section 138 of the Negotiable Instruments Act read with Section 141 of the Negotiable Instrume