JINCY JUDGE Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the accused in CC No.2460/2012 on the file of the Judicial First Class Magistrate's Court Kochi to quash the proceedings under 482 of the Code of Criminal Procedure.

(2.) It is alleged in the petition that husband of the petitioner as a subscriber to the chitty conducted by the complainant concern and she was a surety for her husband when the amounts were released to him while he bid the chitty. The petitioner and her husband were having joint account in Federal Bank, Palluruthy Branch. She had not issued any cheque and her husband might have taken a cheque and presented the same to the complainant when he bid the amount. No case has been registered against the principal debtor and as such she cannot be proceed against under Section 138 of the Negotiable Instruments Act. So she prayed for quashing the proceedings as against her.

(3.) Heard the counsel for the petitioner Shri. R.Divakaran and counsel for the 2nd respondent Shri. S. Rajeev and Smt.Seena Ramakrishnan, learned Public Prosecutor appearing for the State.