GAYATHRI Vs. S R JAYARAMAN

JUDGEMENT

(1.) THIS Criminal Original Petition has been filed under Section 482 Cr.P.C to call for the records in C.C.No.6096/2004 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai and to quash the same.The accused in C.C.No.6096/2004, which is pending on the file of the VIII Metropolitan Magistrate, Saidapet, Chennai is the petitioner herein. The above said calendar case was instituted by the respondent herein on a private complaint for an alleged offence punishable under Section 138 of the Negotiable Instruments Act, 1881 against one Rajamani, the father of the petitioner herein and the petitioner herein. The father of the petitioner herein and the petitioner herein have been arraigned as accused Nos.1 and 2 respectively. Contending that the complaint as against the petitioner herein is not maintainable in law, the petitioner herein (A2), has come forward with the present petition under Section 482 Cr.P.C to quash the above said criminal proceedings so far as the petitioner herein (A2) is concerned.

(2.) THE arguments advanced by Mr.R.Shivakumar representing M/s.La Law, learned counsel for the petitioner/accused and by Mr.D.S.Ramesh, learned counsel for the respondent/complainant were heard. THE materials produced in the form of typed set of papers were also perused.

(3.) THE averments made in the complaint are to the effect that though the father of the petitioner and the petitioner herein jointly borrowed a sum of Rs.6,00,000/- from the respondent/complainant, the chques in question were issued by A1, the father of the petitioner herein alone. It is not the case of the respondent/complainant that the cheque was issued in respect of an account jointly maintained by the petitioner herein and her father. On the other hand, there is nothing in the complaint to show how the petitioner herein was sought to be made responsible for the dishonour of the cheque. THE complaint has been drafted in such a way to see that there is no clear-cut allegation as to how the petitioner herein/A2 is liable to be prosecuted for the offence under Section 138 of the Negotiable Instruments Act, 1881.