NAMRATA Vs. AMIT

JUDGEMENT

(1.) The applicant has filed this petition under Section 482 of Criminal Procedure Code (for brevity " Cr.P.C .") for quashing the proceedings of Criminal Case bearing No. 5992/2016, pending before the learned Judicial Magistrate First Class, Indore against her for the offence punishable under Section 138 of Negotiable Instruments Act (in short " N.I.Act").

(2.) Briefly stated facts of the case are that the respondent No.1/complainant filed a criminal complaint against the applicant and her husband under Section 138 of the NI Act alleging that Vijay Rathi husband of the applicant took a loan of Rs.10.0 Lacs from the respondent No.1 and he issued a cheque No. 249188 dated 05/10/2015 of Rs.10.0 Lacs of Axis Bank, Indore in favour of the respondent No.1/complainant for payment of the said loan amount. When the said cheque was presented by the respondent No.1/complainant in his bank account, then the same was received unpaid due to "insufficient fund", thereafter respondent No.1 sent the notice to the applicant and her husband, which was delivered on 27/10/2015, however, even after service of the notice neither they have paid the cheque amount nor given any reply to the notice, therefore, the respondent No.1 filed a private complaint against the applicant and her husband-Vijay Rathi under Section 138 of N.I. Act alleging that the application is joint account holder of account, from which the cheque in question was issued in favour of the respondent No.1. On the basis of said complaint, learned Magistrate has taken cognizance for the offence under Section 138 of N.I. Act against the applicant and her husband-Vijay Rathi.

(3.) After service of notice, the applicant and her husband appeared before the trial Court and the learned Magistrate, vide order dated 25/02/2016 read over the particular of the offence to the applicant and co-accused-Vijay Rathi. They abjured their guilt and pleaded for trial. Thereafter, the case was fixed for recording the evidence of respondent No.1/complainant. During pendency of the case, the applicant has moved an application before the trial Court to drop the proceedings pending against her on the ground that the cheque in question was not issued by her in favour of the respondent No.1 for payment of any legal debt or liability and she is not the drawer of the said cheque. Only on the basis that she is joint account holder of the bank account, from which the cheque in question was issued will not come within the purview of Section 138 of the NI Act, however, the said application was dismissed by the trial Court, vide order dated 06/02/2018. Being aggrieved by which the applicant has preferred this petition.