M SEETHALAKSHMI Vs. SURESH BAFNA

JUDGEMENT

(1.) THIS Criminal Original Petition has been filed praying to call for the records in C. C. No. 4099 of 2001 on the file of VIII Metropolitan Magistrate, George Town, Chennai and quash the proceedings against the petitioner.

(2.) ON a perusal of the materials placed on record and upon hearing the learned counsel for the petitioner, it comes to be seen that the petitioner/accused No. 2 was charged for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter called as the 'act') on allegation that she stood as a guarantor, for the loan of Rs. 10,00,000/- obtained by her husband/main accused from the complainant and only with her connivance and consent, the cheque bearing No. 757486 dated 2-6-2001 for Rs. 10,00,000/- has been issued by the main accused for the discharge of the said liability; that the petitioner has come forward to file the above criminal original petition on ground that the main accused only issued the cheque in his individual capacity, therefore, unnecessarily, the petitioner cannot be roped in as an accused and when she is only a guarantor for the loan amount, the complaint against the petitioner on charge of consent and connivance is not at all maintainable and hence would seek the relief extracted supra.

(3.) WHEN the above criminal original petition was taken up for consideration, no representation has been made on the part of the respondent. On the other hand the learned counsel for the petitioner besides reiterating the facts and circumstances pleaded in the above criminal original petition, would also cite two decisions, the first one rendered by the Andhra Pradesh High Court in G. SURYA PRABHAVATHI Vs. NEKKANTI SUBRAMANYESWARA RAO and ANOTHER (1998 (3) Crimes 543) and the second one rendered by this Court reported in GUMMADI INDUSTRIES LTD. , and ANOTHER Vs. KHUSHROO F. ENGINEER (2000 (1) Crimes 1) both rendered by the learned single Judges respectively.