MANMOHAN
Susamma Jacob – Appellant
Versus
Pyroguard Engineers P. Ltd. – Respondent
Manmohan, J.— (ORAL) :
CRL.M.A. 18016/2012
Allowed, subject to just exceptions.
CRL.M.C. 3682/2012 & CRL.M.A. 18015/2012
1. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of Criminal Complaint bearing No. 518/2012 under Section 138 read with Sections 141/142 of Negotiable Instruments Act, 1881 (for short ‘NI Act’) pending before Metropolitan Magistrate, Karkardooma Courts, Delhi.
2. Mr. Wills Mathews, learned counsel for the petitioner submits that the petitioner herein is a house-wife and Director of respondent no. 2- company. He states that as the petitioner has not signed the cheques in question and was a mere house-wife, she could not be arrayed as an accused.
3. Mr. Mathews further submits that the cheques in question were security cheques. He points out that the cheques in question bore on endorsement at their back side stating that ‘commissioning of fire alarm system at Malegaon library in Goa’. In this connection, Mr. Mathew places reliance upon paras 6 and 7 of the criminal complaint which are reproduced hereinbelow:-
“6. That the accused No. 2 & 3 was predetermined that after receiving the items/goods of valuable amount, they would not make
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