THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8392 OF 2011 ORDER: The present petition is filed by the petitioner to quash the proceedings initiated against her in C.C. No. 89 of 2010 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Srikakulam, for the offences punishable under Sections 138 and 141 read with 142 of Negotiable Instruments Act, 1881 (for short ‘the Act’). Heard. The main allegation against the petitioner herein is that she along with her husband obtained loan of Rs.4.00 lakhs from the 2nd respondent-complainant by executing a promissory note and in order to settle that amount, the husband of the present petitioner, issued a cheque to the 2nd respondent. When the 2nd respondent presented the said cheque for realisation, the same was returned on the ground of insufficiency of funds. Hence, the 2nd respondent filed a complaint under Section 138 of the Act. Even in the said complaint, the 2nd respondent has categorically stated that the cheque was issued by the husband of the petitioner herein. Even though the petitioner along with her husband has executed the promissory note, that cannot be a ground to prosecute the petitioner herein, who is the wife of the first accused, who actually handed over the instrument, i.e., the cheque in question to the 2nd respondent. Hence, this Court is of the view that the proceedings initiated against the petitioner are liable to be quashed. Accordingly, the proceedings initiated against the petitioner in C.C. No. 89 of 2010 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Srikakulam are hereby quashed. However, the trial Court is at liberty to proceed against the person, who issued the cheque. The Criminal Petition is accordingly disposed of. _______________________ JUSTICE RAJA ELANGO Date : 14.09.2011 pnb