R PADMAPRIYA Vs. C KRISHNAKUMAR

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the Petitioner/A2 in C.C. No. 8 of 2010 pending on the file of the District Munsif cum Judicial Magistrate Court, Bodinayakanur, Theni District, to quash the said proceedings.

(2.) Heard Mr. A. Jeyarhuthran, learned Counsel for the Petitioner and Mr. P. Senguttarasan, learned Counsel appearing for the Respondent.

(3.) The learned Counsel appearing for the Petitioner would submit in his argument that the Respondent as a complainant has filed a private complaint on 23.12.2009 against the Petitioner and her husband for the offence under Section 120(B) read with 420 I.P.C. and 120(B) I.P.C. read with 138 of the Negotiable Instrument Act, before the District Munsif cum Judicial Magistrate, Bodinayackanur and in the said complaint, the Petitioner was ranked as 2nd accused. He would further submit that the cheque issued by the Petitioner was not drawn and handed over by the Petitioner to the Respondent and there was no commission of offence by the Petitioner as alleged by the Respondent and therefore, there is no question of prosecution against the Petitioner in the complaint given by the Petitioner.