JUDGMENT :

1. The petitioners have filed the present petition under Section 561-A Cr.P.C for quashing the proceedings pending before the court of learned Judicial Magistrate, First Class, City Judge, Jammu as by virtue of order dated 12.03.2001, the Magistrate has issued process against the petitioners while taking cognizance of the complaint under Section 138 of the Negotiable Instruments Act (hereinafter called ‘the Act’).

2. The complaint filed by the respondent herein against the petitioners pertains to alleged issuance of cheque in favour of the respondent to the tune of Rs.30 lacs purportedly as discharge of the liability of the petitioners towards the respondent-complainant for executing the work to the full satisfaction of the petitioners-accused. As the cheque was not encashed when presented to the concerned Bank and the cheque amount was not paid despite notice from the respondent within the statutory period, the complaint came to be filed by the respondent under Section 138 of the Negotiable Instruments Act against the petitioners. The cheque is stated to have been issued by the respondent No.2 on behalf of the company-respondent No.1.

3. The complaint filed and the subsequ