ORAL ORDER

1. The respondent No.2, although served with the notice issued by this Court, has chosen not to remain present either in person or through an advocate and oppose this application.

2. By this application under section 482 of the Code of Criminal Procedure,1973, the applicant seeks to invoke the inherent powers of this Court praying for quashing of the complaint being Criminal Complaint No.47597 of 2017 pending in the court of the learned Addl. Chief Metropolitan Magistrate (Negotiable Instrument Act), Court No.27, Ahmedabad for the offence under Section 138 of the Negotiable Instruments Act.

3. The facts of this case may be summarized as under;

3.1 The complainant is serving as an accountant in a firm namely M/s. Bela Marketing Pvt. Ltd. engaged in the business of supply of Cement

3.2 The Ashwin Coal & Coke Enterprise (original accused No.1) is partnership firm registered under the Partnership Act. The accused Nos.2 and 3 shown in the complaint are the partners of the said firm.

3.3 At the relevant point of time, the accused-firm, namely, Ashwin Coal & Coke Enterprise, purchased some materials, i.e., cement from the complainant-firm on credit basis, and the total amount of the