This criminal petition challenging proceedings under Section 138 of the Negotiable Instruments Act was allowed. The court held that the offence does not attract to a person who is not a signatory of the cheque and quashed the proceedings.
Proceedings in C.C.No. 443 of 2012 before VIII-Special Magistrate, Erra Manzil, Hyderabad are quashed.
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SMT. JUSTICE T. RAJANI
CRIMINAL PETITION NO. 4012 OF 2013
This Criminal Petition is filed seeking quash of the
Proceedings in C.C.No. 443 of 2012 on the file of the Court of
VIII-Special Magistrate Court, Erra Manzil, Hyderabad.
and Sri Gopala Rao Amancharla, learned counsel for the second
respondent.
Smt. Sri Lakshmi, who is stated to be the wife of this petitioner.
The offence alleged against the petitioner is under section 138 of
Negotiable Instruments Act but unless the petitioner/accused is the
signatory of the cheque, the said offence does not attract to him.
Hence, in view of the above, this Court opines that it is a fit case
for quashing of the Proceedings in C.C.No.443 of 2012 on the file
of the Court of VIII-Special Magistrate, Erra Manzil, Hyderabad.
2
Proceedings in C.C.No. 443 of 2012 on the file of the Court of
VIII-Special Magistrate, Erra Manzil, Hyderabad be and is hereby
quashed.
Criminal Petition shall stand disposed of.
13-08-2018 I s L
3
SMT. JUSTICE T. RAJANI
CRIMINAL PETITION NO. 4012 OF 2013
[ A L L O W E D ]
Circulation No. Date: 13-08-2018 Court Master : I s L.
2 issues framed by the court
Whether criminal proceedings under Section 138 of the Negotiable Instruments Act can be quashed when the accused is not a signatory of the cheque.
Whether the petitioner, being the wife of the petitioner-accused and not a signatory, is liable for the offence.
1 provisions across 1 enactments
Smt. Sri Lakshmi
Petitioner
Second Respondent
T. Rajani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
