MANJULA SHETTY Vs. C.G. ANANDA RAO

JUDGEMENT

(1.) This petition was filed to quash the proceedings in C.C.No.5254/2012, as against the petitioner, pending on the file of the XVI Additional Chief Metropolitan Magistrate, Bengaluru. The petitioner is accused No.2. The said case was filed by the respondent, against the petitioner and her husband Dr. Vishwas Shetty, who figures as the first accused. The case was instituted alleging commission of an offence under Section 138 of Negotiable Instruments Act, 1881 (for short 'the Act').

(2.) Drawer of the cheque, which is the subject matter of C.C.No.5254/2012 is Dr. Vishwas Shetty. The cheque was issued in respect of a joint account of both accused. Despite the cheque having been drawn only by the first accused, petitioner having been included as the second accused, cognizance having been taken and summons having been issued, this petition was filed under Section 482 Cr.P.C., for grant of the relief, mentioned supra.

(3.) Sri M.T. Nanaiah, learned Senior Advocate, contended that though the cheque was drawn on a joint account to be operated as 'Either or Survivor', as the petitioner was not the drawer of the cheque and in view of Section 7 of the Act, defining the word "drawer", as the maker of a bill of exchange or cheque, no liability under Section 138 of the Act can be fastened on the petitioner. In this connection, reliance was placed upon the decision in Aparna A. Shah vs. Sheth Developers Private Limited and Another, 2013 8 SCC 71.