1. - The instant petition under Section 482 Criminal Procedure Code has been filed by the accused-petitioner and seeks quashing of the criminal proceedings pending in the court of learned Metropolitan Magistrate, Mumbai in Criminal Case No. 6740/55/05 "Ahlers India Pvt. Ltd. v. Tripti Vyas" for the offence under Section 138 of the Negotiable Instruments Act, 1881 (here-in-after referred to in short as 'the Act of 1881').Briefly stated, the relevant facts giving rise to this petition and necessary for its disposal are that M/s. Vivek Harsh International is a proprietorship firm. The petitioner is its proprietor. The firm is engaged in the export of different sized cobbles/stones worldwide for the last over decade for which it hires services of different transporters/shippers to supply the cargo/material etc. to number of national as well as international destinations regularly. The accused-petitioner entered into a written agreement with M/s. Jos Marris, Belgium on 11.03.2005 for export of certain kinds of material herein it was stipulated that the entire cargo would be supplied through the non-petitioner No. 1 for which empty containers would be made available/provided a