THARA K. PATHANGE Vs. SRICHAND TARACHAND

JUDGEMENT

(1.) IN these petitions the petitioner has prayed for quashing the proceedings in C.C. 1771/2012 and C.C. 1316/2012 pending on the file of IV Addl. C.J. and JMFC, Mysore for the offences punishable under Section 138 N.I. Act. Petitioner and her husband P.J. Kumar Rao entered into an agreement of sale with the respondent on 30.09.2000 agreeing to sell immovable property and acknowledged advance amount of Rs. 17.00 lakhs. Since petitioner and her husband failed to perform their part of contract under the agreement of sale, respondent filed a civil suit in OS No. 624/2009 for decree of specific performance of agreement of sale. During the pendency of civil suit the property involved in the case came to be sold by way of public auction by the State Bank of Mysore, Gokulam Branch, Mysore. In the changed circumstances, petitioner and her husband entered into a settlement agreement with the respondent on 19.10.2011 wherein they have jointly agreed to refund the advance amount and compensation in all a sum of Rs. 90,00,000/ -. In terms of this settlement agreement petitioner and her husband issued five post dated cheques from their joint account. On presentation the cheques came to be dishonoured. The same was intimated to the petitioner and her husband and thereafter a private complaint came to be filed before the trial Court. The trial Court registered the case, took cognizance and issued summons. Petitioner and her husband entered appearance and contested the proceedings. The evidence on the side of complainant came to be closed and when the matter was set down for recording Section 313 Cr.P.C. statement, petitioner approached this court seeking quashing of the proceedings on the ground that she is not the signatory to the cheque and as such she is not proper and necessary party before the trial Court.

(2.) HEARD arguments on both the side and perused the entire petition papers.