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BENCH AT NAGPUR
G. A. SANAP, J
Archana Sanjay Gaykawad – Appellant
Versus
Mrs. Vaishali Sukhedev Sawai – Respondent
| Table of Content |
|---|
| 1. facts surrounding dishonour of cheques. (Para 1 , 2 , 3) |
| 2. court's law application regarding prosecution. (Para 5 , 8 , 9) |
| 3. arguments regarding joint liability under ni act. (Para 6 , 7) |
| 4. key ruling on prosecution dependability. (Para 10) |
| 5. outcome of the application. (Para 11) |
1. Heard.
2. ADMIT. Taken up for final disposal forthwith by consent of the learned advocates for the parties.
3. The applicant in this application, made under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “the Cr.P.C .” for short), has questioned the correctness of the order dated 16.06.2022 passed by the I/c 4th Joint Juicial Magistrate, First Class, Amravati in Summary Criminal Case No. 4026/2022, whereby the learned Magistrate was pleased to issue process against the applicant, who is shown as accused no.2 in the complaint, with her husband, who is shown as accused no.1, for the offence punishable under Section 138 read with section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the N.I. Act” for short).
2. The parties in this application will be referred by their nomenclature in the complaint. Non-applicant no.1 is the
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