SUREKHA JAIN Vs. DINESH KUMAR VANSHKAR

JUDGEMENT

(1.) Heard on the question of admission. The applicant has preferred this petition under Section 482 of the Cr.P.C. for quashment of the proceedings pending against the applicant for the offence under Section 138 of the Negotiable Instruments Act, 1881 in Criminal Case No. 38/2018 pending before the court of Judicial Magistrate First Class, Biaora (Rajgarh).

(2.) Brief facts of the case are that Ajay Kumar Jain husband of the applicant took a loan of Rs. 1.80 Lacs from the respondent and he issued a cheque No. 255030 of Rs. 1.80 Lacs of Axix Bank Branch, Sapna Sangeeta Road, Indore in favour of the respondent for the payment of aforesaid loan amount, which was presented by the respondent in his bank account and the same was return unpaid. Thereafter, respondent issued a notice to the applicant and her husband, which was delivered on them on 11/12/2017. Even after the service of notice neither they have paid the cheque amount nor given any reply to the notice, therefore, the respondent filed a private complaint against the applicant and her husband-Ajay Kumar Jain under Section 138 of the Negotiable Instruments Act, 1881 for the reason that applicant is joint account holder of the account from which the aforesaid cheque was issued. On the basis of the said complaint Magistrate has taken the cognizance for the offence under Section 138 of the NI Act against the applicant and her husband Ajay Kumar Jain. Being aggrieved with the aforesaid order the applicant has preferred this petition before this Court.

(3.) Learned counsel for the applicant submits that the applicant has not issued any cheque in favour of the respondent and she has not the signatory of the cheque, therefore,the act of the applicant will not come within the purview of Section 138 of the Negotiable Instruments Act. Hence, he prayed for the quashment of the impugned order.