JUDGMENT :

1. By way of preferring present application under Section 482 of the Criminal Procedure Code, 1972 (hereinafter referred to as “CrPC” for short), the applicant, who is original accused no.3, has invoked extra ordinary jurisdiction of this Court for quashing and setting aside the criminal complaint being Criminal Case No.241/2016 pending before the court of the learned Additional Chief Metropolitan Magistrate, Negotiable Instruments Act Court No.31, Ahmedabad for the offences under Section 138 read with Section 141 of the Negotiable Instrument Act, 1881 (hereinafter referred to as “NI Act” for short).

2. The brief facts leading to the filing of the present application are as under,

2.1 There was business transaction between Varun Fertilizer Pvt. Ltd. and Samruddhi Crop Science Pvt. Ltd. and due to business transaction, the Director of Samruddhi Crop Science Pvt. Ltd. had handed over one cheque to the Managing Director of Varun Fertilizer Pvt. Ltd., which was deposited, however on deposit of the same, it was returned unpaid with an endorsement “fund insufficient”, therefore, the Board of Directors of Varun Fertilizer Pvt. Ltd., in a meeting held on 17.08.2015, passed resoluti