REENA SANDIP CHAUHAN Vs. PRADIP RAMDAS NIMKAR

JUDGEMENT

(1.) Heard.

(2.) The order of issuance of process dtd. 16/1/2024 passed against the present applicants by the learned Judicial Magistrate First Class, Darwha in Summary Criminal Case No.57 of 2024 has been challenged by them in this application on the ground that the applicants are not the drawers of the alleged cheque. Just because they were joint account holders, they cannot be held liable for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act").

(3.) It is not necessary to go into the matrix of the case in detail. Suffice to say that respondent No.1 filed Summary Criminal Case No.57 of 2024 against the present applicants and respondent No.2 for the offence punishable under Sec. 138 of the N.I. Act, alleging that the cheque bearing No.000036 dtd. 20/11/2023 was issued by respondent No.2 from the joint account of the applicants and respondent No.2 in favour of respondent No.1 for the amount of Rs.7,04,000.00 which came to be dishonored. After the process of issuance of notice, applicants and respondent No.2 committed the offence punishable under Sec. 138 of the N. A. Act, by not paying the amount of Rs.7,04,000.00.