RENU SINGH Vs. ARUN

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. is directed against the order dtd. 15/2/2022 passed by the learned Judicial Magistrate First Class, Indore in criminal complaint case no.1708/2017 whereby the learned trial Court dismissed the application under Sec. 251 of Cr.P.C. filed by the petitioner-Renu Singh.

(2.) The brief facts of the case are that co-accused including the petitioner have received loan amounting to Rs.30,000.00 on 8/9/2014 and Rs.49,000.00 on 23/9/2014 for the purpose of business and co-accused gave two cheques of Rs.49,000.00 dtd. 10/8/2017 and Rs.30,000.00 dtd. 25/8/2017 of Union Bank of India which was dishonoured, therefore, complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I.Act") was registered against the petitioner.

(3.) Learned counsel for the petitioner submits that though she and her husband co-accused Shailendra Singh are the joint account holder of the bank account in Union of India, but the above cheques were issued by her husband co-accused Shailendra Singh and not by the petitioner. Her signatures are not on that cheques. The petitioner filed an application before the trial Court to discharge her from the offence under Sec. 138 of the N.I.Act but her application has been rejected on the ground that as the cheques have been issued from the joint account, the petitioner cannot be discharged from the liability and under the provisions of Cr.P.C.an accused cannot be discharged from the liability and the Court cannot has no power to review the order.