RASHEEDA MEHABOOB Vs. REPLICON SOFTWARE INDIA PVT LTD

JUDGEMENT

(1.) THE petitioner who is accused No.2 and being the mother of accused No. 1 is before this Court seeking quashing of the proceedings against her which is pending in C.C.No.30822/09 on the file of the 13th Addl. CMM, Bangalore, and issuance of summons to the petitioner has given raise to this petition under Section 482 of Cr.P.C.

(2.) BRIEF facts which have led to the summons being issued to the petitioner in respect of an offence punishable under Section 138 of N.I. Act, 1881, are that, the respondent-complainant approached the trial Court in a private complaint under Section 200 of Cr.P.C., alleging that the complainant being the tenant in the premises owned by the petitioner vacated the premises and sought for refund of the deposit amount The petitioner's son who is accused No.1 issued two cheques to the respondent for a sum of Rs.2,60,000/- each and the said cheques on being presented by the complainant were returned with an endorsement 'insufficient funds'. The complainant issued a notice to both the accused and sought for payment of Rs.5,20,000/- and though said notice was returned with an endorsement 'not claimed'', thereafter, the complainant resorted to filing of the private complaint under Section 200 of Cr.P.C. for an offence punishable under Section 138 of N.I. Act.

(3.) LEARNED Counsel for the petitioner in support of the above submission, placed reliance on the Apex Court decision, reported in 2010 AIR SCW 4616: (AIR 2010 SC 2596) to contend that the proceedings in respect of an of fence punishable under Section 138 of N.I. Act is tenable only against the drawer of the cheque and as it is not in dispute that two cheques were issued by accused No. 1 and not by the petitioner, the trial Court could not have issued summons to the petitioner.