1. The petitioner who is the accused No. 2 in the Case No.C/374/89 under S.138 of the Negotiable Instruments Act, 1881 as amended by the Banking Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 now pending before the Ld. Metropolitan Magistrate, 5th Court, Calcutta has moved this Court under S.401 read with S.482 of the Criminal Procedure Code, 1973 for quashing the said proceedings against him on the following allegations. On November 15,1989 the opposite party being the Director (Commercial) of M/s.T.S. Foundry Equipment (Private) Limited having its registered office at 2, Ganesh Chandra Avenue filed a petition of complaint before the Ld. Addl. Chief Metropolitan Magistrate, Calcutta charging the petitioner with an offence under S.138 as Amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988. In the aforesaid complaint it was, inter alia, agreed:

"That the accused No.2 Dilip Jaiswal, who is the Director of M/s. Hisco Steel Private Limited, the accused No.1 on behalf of his company placed an order on 5-2-1989 to the complainant's company for supplying various sizes of moulding boxes.