Suneet Kumar, J.

Heard learned counsel for the applicant and learned A.G.A.

This application filed under Section 482 Cr.P.C. seeks quashing of the Criminal Complaint Case No. 5 of 2014 (Prem Kumar and others Versus Shivani Tyagi), under Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I. Act'), pending in the court of learned Metropolitan Magistrate-9, Kanpur Nagar.

2. The factual matrix of the case is that the opposite parties no. 2 to 5 filed a complaint against the applicant alleging that the accused persons are partners of a firm M/s Fashion Plus engaged in the business of ready made garments in brand name 'CAT 'N' LILL" & 'SONA'. As per the terms of the investor agreement the opposite party had to deposit Rs. 11,65000/- with the firm towards security for the material which would be provided by the franchise firm/company. The deposit was refundable. It is alleged that each of the opposite party paid their share towards security in cash. Subsequently, the accused persons closed their franchise and returned the security sum by issuing cheques to each of the opposite party for the same amount on 08 January 2013. On presentation, all the cheques were dishonored