HETAL SATISHBHAI AKBARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed to quash and set aside the proceedings of complaint being Criminal Case No.49143 of 2018 pending in the Court of learned Additional Senior Civil Judge and JMFC, Surat filed for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 alongwith all consequential proceedings thereto.

(2.) Heard learned advocates appearing for respective parties at length.

(3.) Learned advocate for the petitioner has submitted that the original complainant has filed the impugned complaint on behalf of company viz. HIRACO India Private Limited Company against the petitioner and her husband alleging that cheque came to be issued for an amount of Rs.16,82,927.00 by accused No.1 who happens to be the husband of present petitioner. He is the drawer of the cheque and merely because the petitioner is the joint account holder, she is arraigned as an accused. Further, present petitioner is neither the drawer nor the signatory of the impugned cheque and the cheque was issued by the accused No.1 - husband of the present petitioner in his personal capacity and not by proprietorship or partnership firm. Further, present petitioner is not arraigned as an accused in aid of Sec. 141 of the Negotiable Instruments Act, 1881. He has therefore, submitted that the impugned proceeding is nothing but abuse of process of law and has requested to allow the present petition and quash the impugned proceedings.