The Hon’ble Karnataka High Court opined that opined that the offence under Section 138 can only be initiated against the person who has issued the cheque.
In the present case, 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.
Brief Facts:
The Respondent had initiated criminal proceedings for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner and her husband who was arrayed as Accused No.1.
The Petitioner(Accused No.2) has filed the present petition for quashing of complaint.
Observations of the Court:
It was observed that the cheque was issued by Accused No.1, however, both husband and wife were arrayed as Accused.
The Bench opined that the offence under Section 138 can only be initiated against the person who has issued the cheque.
Therefore, 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.
The decision of the Court:
Based on the aforementioned reasoning, the Court accordingly allowed the petition.
Case Title: Smt. Shashikala Jayaram V. Shri. Appayappa
Case No.: Criminal Petition No.103169 of 2023
Coram: Hon'ble Justice N.S.Sanjay Gowda
Advocates for Petitioner: Adv. Shri Rohit N. Latur
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