account is pertaining to one Sri.Shaji K.Samuel, who is the husband of the petitioner. Thus it is evidently clear from Annexure-A5, Annexure-A6 as well as the report dated 16.6.2017 made available by the Indian Overseas Bank, Pathanamthitta Branch, that the petitioner has nothing to do with the said account and the account holder of the said account is the husband of the petitioner. In other words, there are materials of unimpeachable and sterling quality to show that the petitioner is not the drawer of the dishonoured cheque in question. It is trite law that the offence under Section 138 of the Negotiable Instruments Act is attracted only as against the drawer of the dishonoured cheque in question. Hence, in this view of the matter, it is only to be held that the institution and continuation of impugned Annexure-A1 complaint proceedings against the petitioner is nothing, but grave abuse of process of the court and it deserves to be interdicted by this Court by exercise of the extraordinary inherent powers conferred under Section 482 of the Crl.P.C. In this view of the matter, Annexure-A1 complaint which led to the institution of C.C.No.613 of 2017 on the file of the Judicial First Class Magistrate Court-II, Nedumangad, and all proceedings taken in pursuance thereof against the petitioner herein as accused therein will stand quashed. The petitioner will produce a certified copy of this before the trial court for information.
