9911796707
TMI Blog2021 (11) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... is not a signatory to the cheque. In the said circumstances, the petitioner cannot made liable for the prosecution, and A1, who was the drawer of the cheque alone is liable to be prosecuted under Section 138 of Negotiable Instruments Act. As the petitioner is not a drawer of the cheque, no prosecution can be initiated against her. This Criminal Original Petition is allowed - the case against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50,000/- in the month of November 2013 from the complainant. In order to discharge the above loan, A1 has issued a cheque in a joint account maintained by both A1 and A2. When the same was presented for collection, it was dishonored on the ground of Account Closed . After complying with the legal requirements, the complainant filed the complaint under Section 138 of Negotiable Instruments Act an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d wife jointly borrowed the amount and issued a cheque in the joint account owned by them. After issuance of the cheque, they deliberately closed the account in order to avoid the repayment. In the above circumstances, the trial Court rightly taken cognizance against both the accused and they are jointly liable to pay the amount and hence, the petitioner cannot escape from her liability. 5. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... follows: 23. We also hold that under Section 138 of the N.I. Act, in case of issuance of cheque from joint accounts, a joint account holder cannot be prosecuted unless the cheque has been signed by each and every person who is a joint account holder. The said principle is an exception to Section 141 of the N.I. Act which would have no application in the case on hand. The proceedings filed un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that only after issuance of process, a person can approach the High Court seeking quashing of the same on various ground available to him. 7. Considering the above facts, this Criminal Original Petition is allowed and the case against the petitioner/A2 in STC No. 5975 of 2014 on the file of the Judicial Magistrate, Sathyamangalam, is quashed. Since the case is pending from the year 2014, the t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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