MOHANI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this Criminal Miscellaneous Petition aggrieved by order dated 12.03.2015 passed by Judicial Magistrare (First Class), Anoopgarh, District Sri Ganganagar, whereby cognizance for offence under Section 138 of Negotiable Instruments Act was taken against the petitioner and against the order dated 17.05.2018 passed by Additional Sessions Judge, Anoopgarh, District Sri Ganganagar, whereby revision petition filed by the petitioner was rejected.

(2.) It is contended by counsel for the petitioner that the cheque was issued by the firm. Petitioner cannot be made an accused in her individual capacity as complaint was also filed against firm through petitioner.

(3.) It is also contended that petitioner has not been made an accused in her individual capacity and she is made an accused only through the firm. The Court below has taken cognizance against her in individual capacity rather than taking cognizance against the firm through petitioner.