A DEEPA Vs. STATE OF A P REP BY ITS SPECIAL PUBLIC PROSECUTOR HIGH COURT OF A P , HYDERABAD AND ANOTHER

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Criminal Procedure Code to quash the proceedings in C.C. No.1709 2010 on the file of the IX Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur, Ranga Reddy District, registered on the private complaint filed by the second respondent for the offence punishable under Section 138 of Negotiable Instruments Act.

(2.) Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent State.

(3.) The second respondent is the complainant and the petitioner before this Court is accused No.2. It is the case of the petitioner that she is not the signatory to the cheque and she has no transaction in respect of the above cheque with the second respondent. The cheque presented by the complainant was returned due to insufficient funds. The first accused who is husband of the petitioner appears to have transactions with the complainant and without the knowledge of the petitioner, cheque was issued. The cheque is said to have been issued by the husband of the petitioner to the complainant. The cheque though belongs to the account of the petitioner, the signature made is not that of the petitioner and the signature belongs to some one else.