MANJARI NEHRU KAUL, J.

1. Petitioners in the instant petition filed under Section 482 Cr.P.C. are seeking quashing of complaint (Annexure P-3) bearing No.NACT/2146/2020 dated 06.08.2020 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, ‘the Act’) as well as the summoning order dated 07.01.2021 (Annexure P-4) passed by the learned trial Court Karnal.

2. Learned counsel for the petitioners has vehemently contended that while summoning the petitioners to face trial, learned trial Court had failed to appreciate that the petitioners were neither signatory of the dishonoured cheque nor had the same been issued by them. It has been further contended that the cheque in issue had been issued by Manoj Kumar, brother of petitioner No.2, and still further, it was also a matter of record that the cheque in question had been issued from the bank account of Manoj Kumar. Learned counsel has submitted that since the account was not even joint with that of the petitioners, they could not be prosecuted for an offence under Section 138 of the Act. In support, he has placed reliance upon ‘Alka Khandu Avhad vs. Amar Syamprasad Mishra & another’ 2021(2) RCR (Crimi