By means of present application under Section 482 of Cr.P.C., the applicant seeks to quash the summoning order dated 11.09.2013, as also entire proceedings of criminal complaint case no. 2030 of 2013, Atik Ahmad vs Surinder Singh, pending in the court of Judicial Magistrate I, Vikasnagar, Dehradun.

2. A perusal of the complaint filed by Atik Ahmed (respondent herein) against Surinder Singh (applicant herein) under Section 138 of the Negotiable Instruments Act, 1881, reveals that Surinder Singh alone was made party in the criminal complaint case, and not his company, whereas the fact of the matter is that the cheque was issued by Surender Singh in the capacity of Managing Director of MAPEX India (P) Ltd.. In such a situation, MAPEX India (P) Ltd. also ought to have been arrayed as accused alongwith Surinder Singh. In a way, the complaint is bad for non-joinder of necessary party.

3. Learned counsel for the applicant relied upon the judgment of Hon'ble Apex Court rendered in the case of Anil Gupta vs Star India Pvt. Ltd. and another, decided on 07.07.2014 in support of his contention. Paragraph no. 14 of said judgment is being reproduced hereunder for ready reference:

"14. Agai