NITA HIMANSHUBHAI PATEL Vs. HK PATEL

JUDGEMENT

(1.) This petition is filed under section 482 of the Criminal Procedure Code, 1973 for quashing of Criminal Case No.888 of 2011 pending before the Court of Additional Chief Judicial Magistrate, Ankleshwar. The Criminal Case is filed under the provisions of the Negotiable Instruments Act against the present applicant as well as one Himanshubhai Rameshbhai Patel, who happens to be the husband of the applicant (hereinafter to be referred as "accused No.1"). 1. 1 In the Criminal Case, it is alleged that the accused No.1 had approached respondent No.2-complainant for loan of Rs. 2,10,000/- and the same was paid by respondent No.2 to accused No.1. Against such borrowing, a cheque with definite description was issued in favour of respondent No.2 and respondent No.2, as per the date mentioned in the cheque, deposited the same against legally enforcible debt against accused No.1, which came to be dishonoured. The issuance of statutory notice did not result into fulfilling of the demand made in the notice, thereby giving cause of action for filing of the complaint under section 138 of the Negotiable Instruments Act.

(2.) The present application is filed by accused No.2-wife of accused No.1 on the ground that the applicant is not the signatory to the cheque nor there is any legally enforcible debt against the applicant and hence, no cause of action to proceed against her under the provisions of the Negotiable Instruments Act.

(3.) This Court, while issuing notice by order dated 04.09.2013, has stayed the further proceedings qua the applicant. Thereafter, by order dated 19.03.2014, Rule was issued and ad interim relief, which was granted by order dated 04.09.2013, was confirmed.