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2008 (1) TMI 978 - HC - Indian Laws

Issues involved: Petition under Section 482 seeking quashing of a complaint under Section 138 of the Negotiable Instrument Act, 1881.

Details of the Judgment:

Issue 1: Liability of joint account holder under Section 138 of the Act
The petitioner argued that being a joint account holder, she cannot be held liable for a dishonored cheque issued by her husband. The complainant contended that since the account was joint and both the petitioner and her husband operated it, the petitioner was equally liable. Reference was made to a judgment stating joint account holders are liable under Section 138.

Issue 2: Interpretation of Section 138 of the Act
The petitioner emphasized that the wording of Section 138 requires the drawing of the cheque by a person as an essential element of the offense. The Court noted that the complaint did not specifically implicate the petitioner in the issuance of the dishonored cheque.

Issue 3: Examination of the complaint and relevant evidence
The Court observed that the complaint primarily focused on the husband as the issuer of the dishonored cheque. It was noted that the cheque did not bear the name of either accused, indicating the petitioner's lack of involvement. The Court found that the complaint did not establish a case against the petitioner under Section 138.

Conclusion:
The Court allowed the petition and quashed the complaint against the petitioner under Section 138 of the Act, citing the lack of evidence to substantiate the case. The judgment was delivered under Section 482 of the Code of Criminal Procedure, 1973.

 

 

 

 

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