TMI Blog2021 (6) TMI 1002X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of individuals. The appellant herein is neither a Director nor a partner in any firm who has issued the cheque. Therefore, even the appellant cannot be convicted with the aid of Section 141 of the NI Act. Therefore, the High Court has committed a grave error in not quashing the complaint against the appellant for the offence punishable under Section 138 r/w Section 141 of the NI Act. The criminal complaint filed against 8 the appellant for the offence punishable under Section 138 r/w Section 141 of the NI Act, therefore, can be said to be abuse of process of law and therefore the same is required to be quashed and set aside. The impugned judgment and order dated 21.08.2019 passed by the High Court refusing to quash the criminal compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the applicant had not signed the cheque in question and, therefore, the applicant would not be liable to be prosecuted under Section 138 of the Negotiable Instruments Act. 4. Learned Advocate Shri Patel, in support of the submission has relied upon the decision of the Supreme Court in the case of Alka Khandu Avhad Vs. Amar Syamprasad Mishra Anr., reported in 2021 Law Suit (SC) 175 AIR 2021 SC1616,whereby in a similar scenario the Supreme Court had been pleased to quash the complaint qua the applicant therein. 5. On the other hand, learned Advocate Ms. Rana has defended the initiation of proceedings against the present applicant interalia by submitting that the fact that the present applicant had signed the cheque or not and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reme Court was dealing with a similar situation and whereas the Supreme Court in the said decision has held as thus : 6. We have heard learned counsel appearing on behalf of the respective parties at length, considered material on record and also considered the averments and allegations in the complaint. It emerges from the record that the dishonoured cheque was issued by original accused No. 1 - husband of the appellant. It was drawn from the bank account of original accused No. 1. The dishonoured cheque was signed by original accused No. 1. Therefore, the dishonoured cheque was signed by original accused No. 1 and it was drawn on the bank account of original accused No. 1. The appellant herein-original accused No. 2 is neither the sig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence under Section 138 of the NI Act. A person might have been jointly liable to pay the debt, but if such a person who might have been liable to pay the debt jointly, cannot be prosecuted unless the bank account is jointly maintained and that he was a signatory to the cheque. 8. Now, so far as the case on behalf of the original complainant that the appellant herein - original accused No. 2 can be convicted with the aid of Section 141 of the NI Act is concerned, the aforesaid has no substance. 8.1 Section 141 of the NI Act is relating to the offence by companies and it cannot be made applicable to the individuals. Learned counsel appearing on behalf o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. The impugned judgment and order dated 21.08.2019 passed by the High Court in Criminal Writ Petition No. 2595 of 2019 refusing to quash the criminal complaint against the appellant for the offence punishable under Section 138 read with Section 141 of the NI Act is hereby quashed and set aside. The complaint case pending in the Court of the learned Metropolitan Magistrate filed by respondent No. 1 - original complainant being C.C. No. 2802/SS/2016 is hereby quashed and set aside. The appeal is allowed accordingly. 9. The Supreme Court in the above referred judgment held that, in view of the fact that the appellant therein was neither a Director nor a partner in the firm which had issued a cheque and neither she was a signatory to the ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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