GITA BERRY Vs. GENESIS EDUCATIONAL FOUNDATION

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 (Crl. P. C.) filed by the petitioner seeking quashing of the Complaint No. 431/1/06 titled as Genesis Educational Foundation v. Rajesh Berry and Another under Section 138 of the Negotiable Instrument Act, 1881 (Act ).

(2.) THE complaint sterns from a dishonoured cheque dated 20th January, 2006 drawn on the United Western Bank Limited by Shri Rajesh Berry, husband of the petitioner in favour of the complainant Genesis Educational Foundation in the sum of Rs. 6,75,00,000/ -. 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.

(3.) THE petitioner further refers to the wording of Section 138 of the Act to contend that the drawing of the cheque by a person is an essential ingredient of the offence. He submits that this is not a case of an offence having been committed by a company to which Section 141 of the Act would apply.