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2017 (4) TMI 2 - HC - Indian LawsOffence punishable under Section 138 of the Negotiable Instruments Act - Held that:- Indisputably, the applicant herein has not signed the cheque. She might have signed the loan agreement along with her husband but that by itself is not sufficient to fasten the liability if the cheque drawn by the husband is dishonoured. See Mrs. Aparna A. Shah Versus M/s Sheth Developers Pvt. Ltd. and another [2013 (7) TMI 718 - SUPREME COURT] In view of the settled position of law, there is no other option but to quash the proceedings so far as the applicant herein is concerned. This application is, accordingly, allowed. The proceedings of the Criminal Case pending in the Court of the learned Metropolitan Magistrate, Negotiable Instruments Court No.36, Ahmedabad, are hereby quashed so far as the applicant herein is concerned.
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