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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.S. Karnan, J
R. Priyadharshini v. LIC Housing Finance Ltd.
| Table of Content |
|---|
| 1. petitioner is accused under the negotiable instruments act. (Para 1 , 2 , 3) |
| 2. legal definitions regarding the drawer and liability. (Para 4 , 5 , 6) |
| 3. discussion on joint account holder liability and case precedents. (Para 7 , 8 , 9 , 10) |
| 4. exploration of principle-agent dynamics in cheque liability. (Para 11 , 12 , 15) |
| 5. concluding observations on the absence of liability. (Para 13 , 14 , 16) |
1. This Criminal Original Petition is filed to quash the summon issued to the petitioner by the learned Judicial Magistrate No. V, Coimbatore in C.C. No. 836 of 2004.
2. The petitioner is accused No. 2 in the above C.C. No. 836 of 2004 on the file of Judicial Magistrate No. V, Coimbatore, which was filed by the respondent / complainant, namely, LIC Housing Finance Limited represented by the Deputy Manager, Coimbatore against this petitioner and her husband Mohamed Ansar, who figured as 1st accused. That case was initiated for an offence under S.138 of Negotiable Instruments Act . The drawer of the cheques was Mohamed Ansar, the husband of the petitioner. Those two cheques were dated 31.05.2004 each for a sum of Rs. one lakh. That was issued for the discharge of the loan rai
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