ORDER

This Criminal Original Petition has been preferred to call for the records pertaining to C.C.No.4767 of 2016 on the file of the learned Metropolitan Magistrate, FTC-III, Saidapet, Chennai and quash the same as illegal.

2. The petitioner is the second accused. The case in C.C.No.4767 of

2016 has been taken on file on the complaint given by the respondent against the petitioner and her husband for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act. The allegations of the respondent is that the first accused had signed the cheque dated 09.05.2015 for a sum of Rs.30 lakhs and issued it to the respondent towards discharging the debt availed by the accused 1 and 2. The account in the drawers Bank is a joint account held in the name of both the accused. Since the cheque was dishonored, after complying the legal formalities, the petitioner had filed the complaint under Section 138 of Negotiable Instruments Act for initiating criminal action against the accused.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. The learned counsel for the petitioner submitted that though the account was a joint account held by