BONTHAGORIA NAGA LAKSHMI Vs. YARASANI LINGAIAH

JUDGEMENT

(1.) Heard the learned counsel.

(2.) It is no doubt true, in the facts and circumstances instead of filing Criminal Re vision, Case, it would have been appropriate to file Criminal Petition under Section 482 of Cr.P.C. However, inasmuch as the High Court of Judicature is exercising powers both under Section 482 Cr.P.C. and under Section 397 r/w Section 401 of Cr.P.C, this Court is inclined to decide the matter on merits.

(3.) The only ground raised by Mr. Md. Saleem, learned counsel representing the petitioner is that the petitioner is the wife of A-1, she never signed the cheque nor at any point of time she has given consent. Despite the same, C.C.No.315 of 2004 on the file of the Judicial Magistrate of First Class for Excise, Guntur is being proceeded with not only against the husband, but also as against the wife. This is illegal and the complaint is liable to be quashed as against the wife.