O R D E R

This Petition had been filed to quash the private complaint in S.T.C.No.172 of 2020 on the file of the learned Judicial Magistrate (Fast Track No.I), at Nagerkoil and to quash the same as illegal as against the Petitioner/2nd Accused.

2.The learned Counsel for the Petitioner submitted that the Petitioner is the wife of Accused No.1. Except the fact that she is the wife of A1, there is no averment in the Petition alleging that she had committed the offence under Section 138 of Negotiable Instruments Act. The learned Counsel for the Petitioner invited the attention of this Court to the contents of the complaint. The learned Counsel for the Petitioner also invited the attention of this Court to the reported ruling of the Honourable Supreme Court in the case of Mrs.Aparna A.Sha -vs- M/s.Sheth Developers Pvt. Ltd., and another, reported in 2013-5-L.W. 38, wherein, it has been held as follows:

"Appellant is not a drawer of the cheque and she has not signed the same - Though it contains name of appellant and her husband, husband alone has signed -

Only the drawer of the cheque can be prosecuted.

In case of issuance of cheque from joint accounts, a joint account holder cannot be prose