JUDGMENT :

1. The present petition has been filed by the petitioner under section 561-A Cr.P.C. (now 482 Cr.P.C.) for quashing the complaint filed against him under section 138 of the Negotiable Instruments Act, 1881 (for short the Act) as well as the order dated 31.03.2010 passed by the learned Sub Registrar, Jammu (hereinafter to be referred as the trial court) on the following grounds:

(i) That the petitioner has not issued the cheque in question and any liability arising out of the same cannot be fastened upon the petitioner.

(ii) That M/s Ultra Tuff Cement is a proprietorship concern of Mr. Deepak Savergi, that maintains the account with the Punjab National Bank, Durga Nagar, Jammu.

(iii) That at the time of inception of the business, complainant/respondent executed a rent agreement with M/s Ultra Tuff Cement through its proprietor, Mr. Deepak Savergi, in which it is clearly mentioned that M/s Ultra Tuff Cement is proprietorship concern and the petitioner has no role in the same.

(iv) That perusal of the complaint as well as the order dated 31.03.2010 reveals that nothing has been clearly established against the petitioner and the learned trial court too has not recorded any reason