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2022 Supreme(Kar) 1210

M. I. ARUN
Veenashri – Appellant
Versus
Shankar – Respondent


Advocates appeared:
Sri. P.N. Manmohan, Advocate, for the Appellant; Sri. Srinath G. Kulkarni, Advocate) (Absent), for the Respondent.

ORDER

1. On the ground that the petitioner - accused No.2 along with her husband and mother-in-law owed certain sum of money to the respondent -complainant and in discharge of the legally enforceable debt, a cheque was issued in favour of the respondent and the same was dishonored, a private complaint was filed by the respondent under Section 138 of Negotiable Instruments Act, 1881(hereinafter referred to as 'N.I.Act' for short) by way of PCR.No.11891/2017, which is presently registered as C.C.NO.1220/2018 on the file of 22nd Additional Chief Metropolitan Magistrate, Bengaluru. Aggrieved by the same, the petitioner, who is accused No.2 in C.C.No.1220/2018 has preferred the present petition with a prayer to quash the proceedings in C.C.No.1220/2018 against her.

2. The case of the petitioner is that she never signed the cheque which have been dishonored and the same were only signed by her husband (accused No.1) and she cannot be prosecuted under the provisions of Section 138 of the N.I. Act.

3. In spite of being represented by an advocate, the advocate for the respondent has remained absent.

4. Heard the learned counsel for the petitioner and perused the complaint and the copies of the

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