URMILA KUMARI Vs. RUKMANI DEVI

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 ( Crl. PC ) filed by the petitioner seeking quashing of the Complaint Case No. 150/09 titled as Smt. Rukmani Devi V. Inderjeet & Anr. under Section 138 of the Negotiable Instrument Act, 1881 ( Act ).

(2.) The complaint sterns from a dishonored cheque dated 1.12.2008 drawn on the ICICI Bank by Shri Inderjeet, husband of the petitioner in favour of the complainant , Smt. Rukmani, the Respondent no.2 herein in the sum of Rs. 2,12,000/-.

(3.) The case of the petitioner is that the offence under Section 138 of the Act cannot be said to have been made out against the petitioner only on the ground that she was a joint account holder along with her husband. She has admittedly neither drawn nor issued the cheque in question and therefore the complaint against her was not maintainable.