The petitioner is before this Court calling in

question

the

proceeding

in

C.C.No.21737/2019,

registered for offence punishable under Section 138 of

the Negotiable Instruments Act, 1881.

2.

Heard Sri.Rohan Hosmath, learned counsel

appearing for the petitioner, Sri. Chethan Jadhav,

learned counsel for the respondent.

3.

Sans details, the facts in brief germane for

consideration of the subject lis, are as follows:

The transaction between the husband of the

petitioner and the respondent 3 complainant with

3

regard to a landed property, results in issuing two

cheques in favour of the complainant. One by the

petitioner for Rs.17,00,000/- and the other by the

husband

of

the

petitioner

for

an

amount

of

Rs.47,80,000/-.

The

cheque

for

an

amount

of

Rs.17,00,000/- was honoured and the cheque given for

Rs.47,80,000/- is dishonoured, on the ground of want

of sufficient funds.

4.

This led the complainant to take out legal

proceedings against the petitioner and registration of a

private complaint under Section 200 of Cr.P.C., for

offence punishable under Section 138 of the Negotiable

Instruments Act.

5.

The cognizance having been taken in the

matter against the petitioner and her husband has

driven the petitioner to this Court, in the subject

petition.

4

6.

Learned

counsel

Sri.Rohan

Hosmath,

appearing

for

the

petitioner

would

submit

the

proceedings against the petitioner cannot continue as

the petitioner is indisputably not a signatory to the

cheque and a non-signatory to the cheque cannot be

hauled into criminal proceedings is what the Apex Court

has consistently held as followed in the latest judgment

in the case of Alka Khandu Avhad vs Amar Syamprasad

Mishra and another reported in (2021) 4 SCC 675.

7.

On the other hand, the learned counsel

appearing for the respondent 3 complainant would

submit that the petitioner is the master mind behind

the entire transaction and it is a matter of trial for the

petitioner to come out clean, notwithstanding the fact

that she is not a signatory to the cheque.

8.

I have given my anxious consideration to the

contentions of respective learned counsel and have

perused the material on record.

5

9.

The afore-narrated facts with regard to

transaction is not in dispute. The cheque that was

issued for an amount of Rs.47,80,000/- is appended to

the petition. The signatory to the cheque is one R.Arun,

who is the husband of the petitioner.

10.

Admittedly, the petitioner is not a signatory

to the cheque. Not being a signatory to the cheque,

cannot be hauled into criminal proceedings, is the law

laid down by the Apex Court in its latest judgment in

the

case

of

Alka

Khandu

Avhad

vs.

Amar

Syamprasad Mishra and another reported in (2021) 4

SCC 675, wherein the Apex Court has held as follows:

<8. We have heard learned counsel

appearing on behalf of the respective parties

at length, considered material on record and

also

considered

the

averments

and

allegations in the complaint. It emerges from

the record that the dishonoured cheque was

issued by original Accused 1 husband of the

6

appellant. It was drawn from the bank

account

of

original

Accused

1.

The

dishonoured cheque was signed by original

Accused 1. Therefore, the dishonoured cheque

was signed by original Accused 1 and it was

drawn on the bank account of original

Accused 1. The appellant herein-original

Accused 2 is neither the signatory to the

cheque nor the dishonoured cheque was

drawn from her bank account. That the

account in question was not a joint account.

In the light of the aforesaid facts, it is

required

to

be

considered

whether

the

appellant herein 3 original Accused 2 can be

prosecuted for the offence punishable under

Section 138 read with Section 141 of the NI

Act?

9. On a fair reading of Section 138 of

the NI Act, before a person can be prosecuted,

the following conditions are required to be

satisfied:

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9.1. That the cheque is drawn by a

person and on an account maintained by him

with a banker.

9.2. For the payment of any amount of

money to another