K.N. Basha, J.—Learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for the relief of quashing the proceedings initiated against the petitioner alongwith other accused for the offence under Section 138 of the Negotiable Instruments Act.

2. It is contended by the learned counsel for the petitioner that the petitioner has been arrayed as second accused out of two is accused. It is submitted by the learned counsel for the petitioner that the first accused is the sole proprietrix and she only issued the disputed cheques involved in this matter and in view of the position of the first accused being the sole proprietrix, the question of implication of the second accused in respect of the offence committed by the sole proprietrix concern not at all arise. Learned counsel for the petitioner further contended that Section 141 of the Negotiable Instruments Act is not attracted. The said provision relates only in respect of a “company” or a “partnership firm” and not in respect of the “proprietary concern” and as such the petitioner being the second accused, he cannot be vicariously held responsible for the offence said to have b