1. The present applicant has filed this petition under section 482, Criminal Procedure Code for quashment of the order dated 27.2.2008 passed by Chief Judicial Magistrate, Gwalior in Criminal Case No. 2101/ 2008, whereby taken the cognizance against the applicant for the offence punishable under section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'N.I. Act' for brevity) and also under section 420 of Indian Penal Code.

2. Brief facts of the case are that respondent No.1 had supplied certain milk powder to respondent No.2 - M/s Gelus Food Pvt. Ltd. on his order and this had been supplied as per the direction of the respondent No.2 to the factory of the present applicant - M/s Makson Food Private Limited, Rajkot, for which necessary invoice had also been issued and for the payment of the aforesaid article it is alleged that the respondent No.2 had issued a cheque to the respondent No.1 complainant. When the complainant produced this cheque to the bank, the same had been bounced, after that the complainant had issued a legal notice to the respondent No.2 and the present applicant as per the provisions of N.I. Act and after statutory period of notice,