ORDER :

1. The appellant-herein filed a complaint before the Judicial Magistrate, First Class, Lakhtar alleging the commission of an offence under Section 138 of the Negotiable Instruments Act, 1881.

2. Originally there were only two accused-respondents in the complaint. Thereafter, two more respondents were impleaded in the complaint proceedings. Learned Magistrate took cognizance of the offence and issued summons to the respondents in the complaint. They filed a Criminal Miscellaneous Application before the High Court of Gujarat at Ahmedabad challenging that the order passed by the learned Magistrate was illegal and the complaint filed by the second respondent- herein was not maintainable. In the Criminal Miscellaneous Application the accused-petitioners had contended that the first petitioner-Shanku Concretes Pvt. Ltd. and the other two petitioners-Managing Directors of the Company have entered into an agreement with the complainant to promote sale of hollow blocks, solid blocks, interlocking etc. to be manufactured by the first petitioner-Shanku Concrete (P) Ltd. and in that regard complainant paid Rs. 15 lakhs to the second respondent in the complaint viz. Managing Director of S