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

3

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