2021 (11) TMI 986

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.... The petitioner, who is A2 in STC No. 5975 of 2014 on the file of the Judicial Magistrate, Sathyamangalam, Chennai, is before this Court with this quash petition. 2. The case of the complainant is that A1, who is the husband of the petitioner, borrowed a sum of Rs. 50,000/- in the month of November 2013 from the complainant. In order to discharge the above loan, A1 has issued a cheque in a jo....

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....een filed. In respect of his contention, the learned counsel also relying upon a judgment reported in AIR 2013 SC 3447 (Mrs. Aparna A. Shah vs. M/s. Sheth Developers Pvt. Ltd. & Another). 4. The learned counsel for the respondent would submit that both the husband and wife jointly borrowed the amount and issued a cheque in the joint account owned by them. After issuance of the cheque, they deli....

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....the petitioner is not a drawer of the cheque, no prosecution can be initiated against her. In similar circumstances, the Hon'ble Supreme Court, in the case of Mrs. Aparna A. Shah vs. M/s. Sheth Developers Pvt. Ltd. & Another reported in AIR 2013 SC 3447, has held as follows: "23. We also hold that under Section 138 of the N.I. Act, in case of issuance of cheque from joint accounts, a ....

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....of the Act. Even the High Court has specifically recorded the stand of the appellant that she was not the signatory of the cheque but rejected the contention that the amount was not due and payable by her solely on the ground that the trial is in progress. It is to be noted that only after issuance of process, a person can approach the High Court seeking quashing of the same on various ground avai....