IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2193 OF 2009 Fusion Cuisines Pvt.Ltd. And others ...Applicants vs. State of Maharashtra & another ...Respondent Mr.R.Satyanarayan for the applicants Ms A.T.Javeri A.P.P. for State CORAM: A.S.OKA,J. DATE : July 3,2009 P.C.: 1 Heard the learned counsel for the applicants. The application is by the applicants who have been arraigned as accused in a complaint filed by the second respondent alleging commission of offence under section 138 of the Negotiable Instruments Act,1881. The prayer for quashing the complaint has been made on the ground that there is an agreement executed between the parties and as per the said agreement, the cheques could not have been deposited. The plea raised by the applicants in this application is a defence of the applicants which will have to be established at appropriate stage after adducing evidence. At this stage, on the basis of the said plea, the complaint cannot be quashed. The application is rejected. 2 All contentions of the parties on merits of the complaint are kept open. JUDGE