Kolla Bharathi vs The State Of Andhra Pradesh
2024 Latest Caselaw 4899 AP

Andhra Pradesh High Court - Amravati

Kolla Bharathi vs The State Of Andhra Pradesh on 28 June, 2024

    APHC010070712022

                             IN THE HIGH COURT OF ANDHRA PRADESH
                                           AT AMARAVATI                     [3396]
                                    (Special Original Jurisdiction)

                          FRIDAY, THE TWENTY EIGHTH DAY OF JUNE
                             TWO THOUSAND AND TWENTY FOUR
                                         PRESENT
     THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
                              CRIMINAL PETITION NO: 1093/2022
Between:
Kolla Bharathi                                          ...PETITIONER/ACCUSED
                                           AND
The State Of Andhra Pradesh and              ...RESPONDENT/COMPLAINANT(S)
Others

Counsel for the Petitioner/accused:
  1. T D PANI KUMAR
Counsel for the Respondent/complainant(S):
       1. UMASANKAR LOKANADHAM

       2. PUBLIC PROSECUTOR (AP)
ORDER :

Instant petition has been filed under Section 482 of the Code of Criminal

Procedure, 1973 by the Petitioner/Accused No.2, seeking quashment of the

proceedings against her in C.C.No.365 of 2021 on the file of the Court of

Judicial First Class Magistrate, Narasannapeta, Srikakulam District, registered

for the offence punishable under Section 138 of the Negotiable Instruments

Act, 18811.

2. When the matter is taken up for hearing, learned counsel for

Respondent No.2 would submit that matter is settled out of the Court.

3. Sri A.Sriram, learned counsel representing Sri T.D.Phani Kumar,

learned counsel for the Petitioner would submit that Petitioner herein is the

for short "N.I.Act"

wife of Accused No.1, she is not the signatory on the cheque and the cheque

has not been issued from her bank account. Hence, the case against her is

not maintainable. Only on the ground that the Petitioner being the wife of

Accused No.1, continuation of criminal proceedings against the Petitioner,

amounts to abuse of process of law. To buttress his contention, learned

counsel placed reliance on the Judgment of the Hon'ble Apex Court in Alka

Khandu Avhad V. Amar Syamprasad Mishra and Anr2, at Para-6, it was

observed that when Accused No.2 therein neither the signatory to the cheque

nor the dishonoured cheque was drawn from her bank account and the

cheque was not issued from the joint account of Accused Nos.1 and 2. The

Apex Court held that the High Court has committed a grave error in not

quashing the complaint against the Appellant for the offence punishable under

Section 138 read with 141 of the N.I.Act. The criminal complaint against

Accused No.2 is abuse of process of law. Accordingly, the case against

Accused No.2 was set aside.

4. The case referred supra is squarely applicable to the facts of the

present case. Viewed from any angle, the Criminal Petition is liable to be

allowed.

5. In the result, the Criminal Petition is allowed and the case against the

Petitioner is hereby quashed.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

______________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 28.06.2024 JLV

AIR 2021 SUPREME COURT 1616

HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Dt.28.06.2024

JLV