Aggrieved by the initiation of proceedings in

C.C.No.16160/2012 on the file of XIII Additional Chief

Metropolitan Magistrate at Bengaluru, against the

petitioner herein, who are arraigned as accused Nos.2

and 3 in the said C.C.No.16160/2012, the instant

petition is filed.

The

respondent

on

the

ground

that

petitioner No.1 herein along with his wife accused No.1

in C.C.No16160/2012 are due certain amounts to the

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respondent and to clear the said legally enforceable

debt accused No.1 in issued a cheque which has been

dishonored and that petitioner No.1 herein is the

husband of accused No.1 and petitioner No.2 herein is a

daughter of accused No.2 and they are also jointly and

severally liable to clear the dues preferred a private

complaint

under

Section

138 of The

Negotiable

Instruments Act, 1881 read with 200 of Cr.P.C., which

has culminated in C.C.No.16160/2012.

3.

The petitioners deny their liability to pay

any debt to the respondent. It is further submitted

even presuming that they are liable they cannot be

made as accused in C.C.No.16160/2012. It is

submitted that a cheque has been issued by accused

No.1 in C.C.No.16160/2012 in her personal capacity, in

respect of account which is held by her alone and the

petitioners herein have nothing to do with it and they

are not signatories to the said cheque. On the said

grounds, it is submitted that petitioners cannot be

proceeded against in C.C.No. 16160/2012.

4

4.

Learned counsel for respondents submits

that

petitioners

along

with

accused

No.1

in

C.C.No.16160/2012 are liable to pay the dues to the

respondent however he does not dispute the fact that

the cheque has been issued solely by accused No.1 in

C.C.No.16160/2012 and that it is not a joint account

and petitioners herein are not signatories to the said

cheque.

5.

Section 138 of The Negotiable Instruments

Act, 1881 reads as under:

"138. Dishonour of cheque for insufficiency,

etc., of funds in the account - Where any

cheque drawn by a person on an account

maintained by him with a banker for payment

of any amount of money to another person

from out of that account for the discharge, in

whole or in part, of any debt or other liability,

is returned by the bank unpaid, either because

of the amount of money standing to the credit

of that account is insufficient to honour the

cheque or that it exceeds the amount arranged

to be paid from that account by an agreement

made with that bank, such person shall be

deemed to have committed an offence and

5

shall, without prejudice to any other provisions

of this Act, be punished with imprisonment for

a term which may be extended to two years,

or with fine which may extend to twice the

amount of the cheque, or with both:

xxx....

6.

Thus,

under

the

given

facts

and

circumstances, as per Section 138 of The Negotiable

Instruments Act, 1881, proceedings can be initiated

only against the person, who has issued a cheque in

discharge of a legally enforceable debt and not against

others who are also liable to pay the debt. If the

petitioners herein are liable to pay the amount as

alleged by the respondent, it is always open for the

respondent to initiate appropriate action against them

to recover the said dues but cannot make them accused

for dishonoring of a cheque issued by accused No.1 in

C.C.No.16160/2012.

For the aforementioned reasons, the petition is

hereby allowed. Proceedings against the petitioners

herein in C.C.No.16160/2012 on the file of XIX

6

Additional Chief Metropolitan Magistrate, Bengaluru is

hereby quashed.

SD/-

JUDGE

AG