RATAN DEVI Vs. ALOK KANSAL

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482, Cr.P.C. is directed against the order dated 23.11.2006 passed by Additional Sessions Judge (Fast Track) No. 7, Jaipur City, Jaipur whereby the revision filed by the petitioner against the order dated 28.7.2006 of Additional Chief Judicial Magistrate No. 11, Jaipur City, Jaipur rejecting the application of the petitioner for terminating the proceedings against her has been dismissed.

(2.) THE facts in brief are that the petitioner Smt. Ratan Devi and her husband Narendra Handa are facing trial under Section 138 of the Negotiable Instruments Act (hereinafter referred to 'as the Act'). They have a joint account in ICICI Bank at Jaipur. Cheques in question have been issued by Narendra Handa. The cheques have been dishonoured on account of insufficiency of funds. Notice of demand has been issued only to Narendra Handa.

(3.) THE person liable under Section 138 of the Act is the drawer of the cheque. The expression 'drawer' has been defined in Section 7 of the Act. The maker of the bill of exchange or cheque is called 'drawer'.