2024 (2) TMI 2

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nt/complainant initiated criminal proceedings for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ("the Act" for short) against the petitioner and her husband who was arrayed as Accused No. 1. 3. In the complaint it is stated as follows: "7. That on a day in the first week of June, 2023 the Complainant insisted upon the Accused to pay back his money with interes .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nitiated against the person who has issued the cheque, obviously, the proceedings against the petitioner who had not issued the cheque would be unsustainable especially when the only allegation alleged against the petitioner and her husband is of commission of an offence as contemplated under Section 138 of the Act. Consequently, the proceedings as against the petitioner shall stand quashed.
C .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X