K SUREKHA Vs. A SANTOSH KUMAR

JUDGEMENT

(1.) The prayer in this petition is for quashing of all further proceedings in CC No.1104/2015 (PC No.84/2015) on the file of the learned Civil Judge and JMFC, Siruguppa for offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short, NI Act ), insofar as the present petitioner is concerned.

(2.) Respondent before this Court presented a private complaint in CC No.1104/2015 before the learned Civil Judge and JMFC, Siruguppa alleging commission of offence punishable under Section 138 of N.I. Act against the present petitioner (Accused No.3), M/s. Surya Rice Industries (Accused No.1) and Sri. K. Srinivas Setty (Accused No.2). There is no dispute about the fact that the petitioner is wife of accused No.2-K. Srinivas Setty. There is also no dispute that Accused No.1 is a registered Partnership Firm of which currently the present petitioner and her husband are partners.

(3.) The complaint under Section 138 of N.I. Act was presented on the footing that the cheque issued on the account held in a Bank by accused No.1/Partnership Firm was returned dishonoured and since the cheque was issued in discharge of legalliability, offence under Section 138 of NI Act has been committed by all accused including the petitioner herein.