SAVITRI BAI Vs. SEEMA BAI

JUDGEMENT

(1.) This is a petition under section 378(4) Code of Criminal Procedure, 1973 (for short 'The Code') seeking leave to appeal against judgment and order dated 24/10/2013 rendered by Judicial Magistrate, First Class, Indore in Criminal Case No. 9626/2012 whereby respondents have been acquitted with regard to offence under section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act').

(2.) The allegations against respondents are that cheque for a sum of Rs. 13 Lacs was issued by respondent No. 1 Seema Bai towards legally enforceable debt or other liability which was dishonoured by the Bank on account of insufficiency of funds and amount of cheque was not paid by the respondent No.1 to the petitioner despite service of demand notice.

(3.) On perusal of the record as well as the impugned judgment sufficient ground is made out to grant leave to appeal against respondent No. 1 Seema Bai, who is said to be the drawer of the cheque. As liability under Section 138 of 'the Act' is not contemplated against any other person except drawer of the cheque (except in the cases of company), therefore, no ground is made out to grant leave to appeal against respondent No. 2 Seeta Bai.