RITVI VIRAT SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.1746 of 2014 pending in the Court of the learned Metropolitan Magistrate, Negotiable Instruments Court No.36, Ahmedabad.

(2.) It appears from the materials on record that the husband of the applicant herein, viz. Viratkumar Babulal Shah, availed of the loan facility from the respondent no.2, a finance company. Indisputably, the loan agreement has been signed jointly, i.e. by the husband as well as the applicant herself. In discharge of the loan liability, the husband issued a cheque drawn in favour of the respondent no.2 dated 5th Feb. 2013 for the amount of Rs.88,673=00. The said cheque came to be dishonoured due to funds insufficient in the account maintained by the husband of the applicant herein. In such circumstances, the respondent no.2 lodged a complaint in the Court of the learned Metropolitan Magistrate which was numbered as Criminal Case No.1746 of 2014. The short point for my consideration is, whether the applicant herein could be held to be responsible for the offence punishable under Sec. 138 of the Negotiable Instruments Act. Indisputably, the applicant herein has not signed the cheque. She might have signed the loan agreement along with her husband but that by itself is not sufficient to fasten the liability if the cheque drawn by the husband is dishonoured. This issue is no longer res integra in view of the decision of the Supreme Court in the case of Mrs. Arpana A.Shah Vs. M/s. Sheth Developers Pvt. Ltd. and another, AIR 2013 SC 3210. I may quote the relevant observations as under :

(3.) In view of the settled position of law, there is no other option but to quash the proceedings so far as the applicant herein is concerned. This application is, accordingly, allowed. The proceedings of the Criminal Case No.1746 of 2014 pending in the Court of the learned Metropolitan Magistrate, Negotiable Instruments Court No.36, Ahmedabad, are hereby quashed so far as the applicant herein is concerned. The Court shall now proceed further with the Criminal Case so far as the co-accused is concerned, i.e. the husband of the applicant.