Madhubala Seth vs State of Uttarakhand and Another

Hon''ble Prafulla C. Pant, J.—Heard. By means of this petition, moved u/s 482 of the Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 1006 of 2007 (Old No. 1811 of 2005), Mohan Ahluwalia v. Vijay Seth & Anr., relating to offence punishable u/s 138 of the Negotiable Instruments Act, 1881, pending in the court of Special Judicial Magistrate II, Dehradun.

Perusal of the complaint shows that two persons have been made accused, namely, Vijay Seth and Madhubala Seth. The cheque is said to have been issued by Vijay Seth. Madhubala Seth (present petitioner) is wife of Vijay Seth.

Learned Counsel for the complainant concedes that the criminal complaint is not maintainable as against the petitioner Madhubala Seth, who was not the signatory of the cheque.

Having considered submissions of learned Counsel for the parties and after going through the papers on record, this petition u/s 482 CrPC is allowed and the proceedings of Criminal Complaint NO. 1006 of 2007 (Old No. 1811 of 2005) Mohan Ahluwalia v. Vijay Seth & Anr., relating to the offence punishable u/s 138 of the Negotiable Instruments Act, 1881, pending in the court of Special Judicial Magistrate II, Dehradun are quashed, so far as the same relate to the present petitioner Madhubala Seth. However, it is clarified that the impugned criminal complaint may proceed against the co-accused Vijay Seth. Registry is directed to inform the court concerned.