ANJLEENA PRAKASH Vs. JITENDRA KUMAR KESHARWANI

JUDGEMENT

(1.) SHRI Pankaj Dubey, Advocate for petitioner. None for respondent though served. Matter is fixed for final hearing at motion stage. On the last date of hearing also none appeared for respondent, today also none appears for respondent. Heard finally.

(2.) IN brief, this petition is that petitioner is wife of Noel Prakash who had issued a cheque of Rs.1,02,000/- to respondent Jitendra Kumar Kesarwani from the joint account of petitioner as well as of her husband. This cheque was dishonoured and criminal proceeding under Section 138 of Negotiable Instruments Act has been brought by way of filing private complaint Criminal Case No. 4545/ 11 in the Court of JMFC, Jabalpur against petitioner Smt. Anjleena Prakash as well as her husband Noel Prakash.

(3.) PERUSED the complaint. There is no allegation that petitioner Smt. Anjleena Prakash is involved in the transaction. Her liability cannot be fixed only on the ground that cheque which was issued was in the joint name of petitioner and her husband. As she has not issued any cheque and has not taken any part, so no criminal liability can be saddled upon her. She has been made as co-accused no.2 in the above criminal case which is against the law. Hence, by allowing the petition, proceeding of Criminal Case No.4545/llpending before JMFC, Jabalpur (Jitendra Kumar Kesarwani vs. Noel Prakash and Smt. Anjleena Prakash) is quashed against the petitioner Smt. Anjleena Prakash only, and she is discharged from the aforesaid offence. Learned trial Court is directed to struck off the name of petitioner Smt. Anjleena Prakash from the array of accused persons. The petition is allowed.