IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.L.P..No. 1489 of 2008() --------------------------- ST.2/2007 of J.M.F.C.-II,KOYILANDY .................... PETITIONER: COMPLAINANT ------------------------------- P.K. LAKSHMI, SREE KRISHNA VIYYOOR AMSOM, MANNAMANGALAM DESOM KOYILANDY TALUK. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ACCUSED ---------------------- 1. DR. RANJINI SURENDRAN, EYE SPECIALIST EYE DEPARTMENT, MEDICAL COLLEGE HOSPITAL. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI.A.RANJITH NARAYANAN FOR R1 SRI.S.K.SAJU FOR R1 R2 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.L.P.No. 1489 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2008 O R D E R This application is filed by the complainant in a prosecution under Section 138 of the N.I. Act for leave to appeal against a judgment of acquittal under Section 378(4). The first respondent herein is the accused. Admittedly the cheque in question is not signed by her and is signed only by her husband. It is true that she happens to be a joint account holder along with her husband. The court below found the respondent/accused not guilty and acquitted her. The complainant has come with this application for leave under Section 378(4) Cr.P.C. 2. The very same question of law was considered by this Court in Devi v. Haridas (2004 (3) KLT 355). It was held that the mere fact that a person is a joint account holder shall not attract culpability under Section 138 of the N.I. Act if the cheque is not drawn by such person. Following the dictum in Devi Crl.L.P.No. 1489 of 2008] 2 (supra) I find no merit in the challenge raised against the judgment of acquittal. Consequently I am not persuaded to grant leave. 3. This Crl.L.P. is accordingly dismissed. (R. BASANT) Judge tm