AARTI SHAILESH SHAH Vs. SATISH VASANT DHARUKKAR

JUDGEMENT

(1.) The Applicant is the original accused No.2 in C.C. No.4822/SS/2019 before the learned Metropolitan Magistrate, 63rd Court, Andheri, Mumbai. The learned Magistrate issued process vide the order dtd. 27/11/2019 against the Applicant and the original accused No.1 who was her husband u/s 138 of the Negotiable Instruments Act.

(2.) Heard Mr. Tariq Khan, learned counsel for the Applicant, Mr. Abhishek Jadhav, learned counsel for the Respondent No.1 and Mr. Arfan Sait, learned APP for the State.

(3.) The complaint is filed by the Respondent No.1 herein. It is his case, that, both the accused were husband and wife. In June 2018, they had approached the Respondent No.2 for financial help. The Respondent No.2 gave them Rs.12.00 lakhs by two cheques. The original accused No.1 i.e. the husband issued a receipt dtd. 18/06/2018 for Rs.12.00 lakhs in favour of the Respondent No.1. It is his case that even the present Applicant was aware of these facts. After that, the accused No.1 paid him a sum of Rs.3.00 lakhs on 22/02/2019. For the remaining amount of Rs.9.00 lakhs, the accused No.1 and 2 issued three cheques dtd. 15/07/2019, 15/08/2019 and 15/09/2019 for Rs.3.00 lakhs each from their joint account. The Respondent No.1 deposited those cheques with his bank. They were dishonoured. It is his case, that, the cheques were issued from the joint bank account of both the accused. The Applicant was the wife of the accused No.1 and was looking after the day to day affairs of the accused No.1 and therefore even the Applicant was responsible for the act committed by the accused No.1 as she was conversant with the facts, and had knowledge of these facts. After dishonour of the cheques, and after satisfying the legal requirements, the complaint was filed. Thereafter, the learned Magistrate issued the process.