SHOBHA N. SHETTY Vs. SARASWATHI AND ORS.

JUDGEMENT

(1.) RESPONDENT No. 1 is the complainant and the petitioner is accused No. 2, in C.C. No. 18918/2014, pending on the file of the XIII Additional Chief Metropolitan Magistrate, Bengaluru City. Petitioner and her husband are being prosecuted for an offence under Section 138 of Negotiable Instruments Act. The petitioner being not the drawer of the cheque in question, filed this petition for quashing of the proceedings of the said case i.e., insofar as she is concerned.

(2.) LEARNED advocate for the petitioner by placing reliance on the decision in Mrs. Aparna A. Shah vs. M/s. Sheth Developers Pvt. Ltd. & Anr., : AIR 2013 SC 3210, contended that the launching of prosecution against the petitioner and she being made to face the trial being abuse of process of law, this petition is liable to be allowed and the pending proceedings, insofar as the petitioner is concerned, is liable to be quashed.

(3.) IN the case on hand, the learned Magistrate is only concerned with the criminal liability on account of dishonour of a cheque. In Mrs. Aparna A. Shah (supra), the Court was dealing with an identical situation. Therein, having considered the provisions under Sections 138 and 141 of the Act, as well as the ingredients necessary to constitute an offence under Section 138 of the Act, as has been pointed out in the case of Jugesh Sehgal vs. Shamsher Singh Gogi, : (2009) 14 SCC 683 and also the decision in S.K. Alagh vs. State of Uttar Pradesh and Others, : (2008) 5 SCC 662, it has been held as follows: