Hon’ble Barkat Ali Zaidi, J.—This is an application for relief under Section 482, Cr.P.C.

2. In this application the grouse of the complainant is that Complaint Case No. 171 of 1998, Ashok Kumar Bhargawa v. Anil Kumar Jaiswal, under Section 138, The Negotiable Instruments Act, 1881 (here-in-after called the Act) against the applicant pending in the Court of Additional Chief Judicial Magistrate VI, Allahabad filed on basis of 6 cheques, one of which is only in the name of complainant and the rests in the name of different payees, is not maintainable. The reason being the complainant cannot be said to be the “payee or holder in due course” of those 5 cheques which are in the name of different payees and the trial Court was therefore not competent to take cognizance under Section 142 of the Act on basis of those 5 cheques. The order of the trial Magistrate passed on the application of the applicant given in this behalf, on 15.3.1999 is, therefore, not sustainable.

3. I have heard Sri Sharad Malviya Advocate for the applicant, learned A.G.A. for the State and Sri Rameshwar Nath Advocate for Opposite-party No.2/ complainant.

4. Section 118 of the Act in clause (g) of which the phra