https://www.taxtmi.com/caselaws?id=418103 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. en-us Tue, 25 Jan 2022 00:00:00 +0530 Tue, 08 Feb 2022 22:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418103 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. Case-Laws Indian Laws Tue, 25 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418103