IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49246 of 2008 Braj Kishore Singh, son of Late Naurang Singh, village Gheura, PS Risiup, District Aurangabad – petitioner. Vs. 1. The State of Bihar, 2. Vijay Singh, son of Late Kawata Singh, Mohalla PHED Colony, Near Aurangabad, PS Town, District Aurangabad – opp. parties. 2 31.3.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 12.11.2008 passed by the Judicial Magistrate Ist Class, Aurangabad in Complaint Case No. 493/2007 / 1917/2007. The complaint case was filed in which there is an allegation that Neeraj Kumar had issued a cheque in favour of opposite party no.2 which bounced. Considering the fact that the cheque was not issued by the petitioner who happens to be the father of Neeraj Kumar, I do not think that section 138 of the Negotiable Instrument Act envisages that anyone present while talks of payments are made or is present when the cheque is issued would come within the its purview. I, therefore, quash the proceeding as far s it concerns the petitioner in the aforesaid case and all consequential orders after the filing of the complaint case. This application is allowed. haque (Sheema Ali Khan, J.)