Cheque dishonour prosecution limited to the drawer and account holder; complaint against a non-drawer was quashed.

A prosecution under Section 138 of the Negotiable Instruments Act, 1881 can be maintained only against the drawer and signatory of a cheque drawn on an account maintained by that person for discharge of a legally enforceable debt or liability. As the cheque was not drawn by the petitioner on an account maintained by her, the essential ingredients of the offence were not satisfied. The Court treated the continuation of the complaint as an abuse of process and interfered under Section 482 of the Code of Criminal Procedure, 1973. The complaint was held not maintainable against the petitioner and the criminal proceedings were quashed.

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Issues: Whether a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 can be sustained against a person who is not the drawer of the cheque and did not maintain the bank account on which the cheque was drawn.

Analysis: The cheque in question was found not to have been drawn by the petitioner on an account maintained by her. The governing principle applied was that prosecution under Section 138 of the Negotiable Instruments Act, 1881 lies only against the drawer and signatory of the cheque drawn on an account maintained by that person for discharge of a debt or liability. Since the complaint itself proceeded on allegations against the petitioner as if she were the drawer, despite the record showing otherwise, the ingredients of the offence were not made out. The Court also treated the continuation of such proceedings as an abuse of process, warranting interference under Section 482 of the Code of Criminal Procedure, 1973.

Conclusion: The complaint was not maintainable against the petitioner and the criminal proceedings were quashed in her favour.

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