9911796707
TMI Blog2024 (7) TMI 1210X X X X Extracts X X X X X X X X Extracts X X X X ..... it is conceded that the cheque was issued from an account jointly in the name of the Arvind Gupta and Neeta Gupta (petitioner herein) however, it is a matter of fact that the said cheque is not signed by the petitioner. The criminal complaint filed against the present petitioner is clearly an abuse of process of law and the same is liable to be quashed and set aside - Consequently, the present petition is allowed and the criminal complaint against the petitioner is quashed. - HON'BLE MR. JUSTICE MANOJ KUMAR OHRI For the Petitioner : Mr. Mohit Chaudhary, Advocate versus For the Respondent : Mr. Sanjay Gupta, Advocate JUDGMENT 1. By way of present petition filed under Section 482 Cr.P.C. read with Article 227 of the Constitution of Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s duly served upon the petitioner and upon the failure of the petitioner to make good the demand, the complaint under section 138, NI Act came to be filed. 4. The petitioner denies receipt of demand notice and claims that she became aware about the complaint case for the first time in November, 2022. She even denies receipt of any summons. It is further claimed that the subject cheque was issued by her late husband- Arvind Gupta. Although the cheque was issued from a joint account but the subject cheque did not bear her signature and thus, the complaint filed against her was not maintainable. It is further submitted that the amount provided by the respondent was adjusted as part sale consideration towards sale of a flat bearing no. C-703, m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arises on account of dishonour of cheque issued for the discharge, in whole or in part of any debt or other liability. Further, for initiation of prosecution under Section 138 NI Act, a prior statutory notice is mandatorily required to be given to the drawer, to make good the payment of the amount mentioned in the cheque and only when the drawer receives a notice and fails to make the payment within the time provided by the Statute, does the dishonour become an offence. 8. In the present case, the issue whether the statutory notice was issued, in view of the factual situation wherein the respondent states that the petitioner refused to accept notice while the petitioner states that no such notice was received, is a matter of trial. However ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d:- xxx 10. Therefore, a person who is the signatory to the cheque and the cheque is drawn by that person on an account maintained by him and the cheque has been issued for the discharge, in whole or in part, of any debt or other liability and the said cheque has been returned by the bank unpaid, such person can be said to have committed an offence. Section 138 of the NI Act does not speak about the joint liability. Even in case of a joint liability, in case of individual persons, a person other than a person who 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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