R PRIYADHARSHINI Vs. LIC HOUSING FINANCE LTD

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to quash the summon issued to the petitioner by the learned Judicial Magistrate No. V, colmbatore in C. C. No. 836 of 2004.

(2.) THE petitioner is accused No. 2 in the above C. C. No. 836 of 2004 on the file of judicial Magistrate No. V, Coimbatore, which was filed by the respondent/complainant, namely, LIC Housing Finance Limited represented by the Deputy Manager, coimbatore against this petitioner and her husband Mohammed Ansar, who figured as 1st accused. That case was initiated for an offence under Section 138 of Negotiable instruments Act. The drawer of the cheques was Mohammed Ansar, the husband of the petitioner. Those two cheques were dated 31-5-2004 each for a sum of Rs. one lakh. Those was issued for the discharge of the loan raised by deceased Abdul Khader, the father of Mohammed Ansar (accused No. 1 ). Subsequent to the death of Abdul Khader, both these accused including this petitioner, undertook to discharge the said loan. Thus the liability was shown to have arisen upon this petitioner and her husband following the death of Abdul Khader, father of Mohammed answer (1st accused), who raised the loan.

(3.) IT is in pursuance of this, those two cheques were drawn by Mohammed Ansar. They were cheque Nos. 921164 and 921165 each dated 31-5-2004 issued to ICICI Bank limited. Trichy Road, Coimbatore-18, wherein there was. a joint account for both the accused. Although the cheques were drawn only by the 1st accused, the legality of the inclusion of this petitioner as second accused in that complaint under Section 138 of negotiable Instruments Act and the issuance of summons to petitioner by the Judicial magistrate V, Coimbatore are being challenged.