M. KALPANA Vs. BALAJI FINANCE

JUDGEMENT

(1.) This Criminal Petition, under Sec. 482 of the Code of Criminal Procedure 1973, is filed by A2 in C.C.No.97 of 2018 pending on the file of the Spl. Judicial Magistrate of First Class, Mobile Court, Chittoor, to quash the proceedings in the above Calendar Case.

(2.) Brief facts of the case are as follows; The respondent No.1 herein filed complaint for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short'the N.I. Act') in the Court below against A1 and A2, who are husband and wife respectively. A2 is the petitioner herein. It is the case of the complainant/respondent No.1 herein that both A1 and A2 have jointly availed loans from it, on various dates from 13/9/2010 to 8/9/2012 to a tune of Rs.30,00,000.00(Rupees Thirty Lakhs only) in total and for the repayment of the same, they have executed a demand promissory note on 8/9/2012. On demand for repayment, the Accused No.1 who is the husband of A2 the petitioner herein issued a cheque for Rs.32,50,000.00 (Rupees Thirty Two Lakhs Fifty Thousand only) drawn from their joint account maintained in Karoor Vysya Bank Limited on 12/8/2015. The said cheque when was presented by the complainant (R1 herein) in its bank for collection on 9/10/2015 for the second time, after it was returned unpaid earlier, it is once again returned with an endorsement'funds insufficient'. Later after complying with the essential conditions of Sec. 138 of the Negotiable Instruments, Act, the complainant filed the complaint against the petitioner (A2) and her husband (A1) for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short'the N.I. Act'). The learned Magistrate by taking cognizance of the offence punishable under Sec. 138 of the N.I. Act registered the case in C.C.No.97 of 2018 and issued summons to the petitioner (A2) and her husband (A1).

(3.) Aggrieved by the order of issuing summons by taking cognizance of the offence punishable under Sec. 138 r/w 142 of the N.I. Act by the learned Magistrate against the petitioner herein, this quash petition is filed.