HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.7171, 7586 and 7589 of 2010 COMMON ORDER: The petitioner-accused No.2 approached this Court with a prayer to quash the proceedings initiated against her in C.C.Nos.1314, 1315 and 1333 of 2009 on the file of the X Addl. Chief Metropolitan Magistrate at Secunderabad, taken on file for the offence punishable under Section 138 of the Negotiable Instruments Act 1881 (for short ‘the Act’). Since the parties to the criminal petitions and the point to be decided in all the matters are one and the same, these three criminal petitions are disposed of together by this common order. Learned counsel for the petitioner has contended that the cheques in question have not been signed by the petitioner and merely because the petitioner is the joint account holder, the present complaints are filed against her for dishonour of the cheques issued by her husband accused No.1 and, in support of his contention, he placed reliance on a decision of this Court in Supreet Kaur V. Model Co-operative Urban Bank Ltd., Hyderabad and another[1]. On the other hand, learned counsel for the complainant 2nd respondent herein submitted that being a joint account holder, the petitioner is also liable to be prosecuted. This Court perused the record and also the Supreet Kaur’s case (Supra) wherein it is held as under: “Negotiable Instruments Act 1881 – Section 138 – Scope and applicability of – Prosecution against person not signatory of cheque, not maintainable – Account, though stands in name of petitioner and her husband, cheque not signed by petitioner – Petitioner, held cannot be prosecuted for an offence punishable under S.138 on ground that petitioner is also liable to pay – Liability to pay a sum of amount not sufficient – Offence not attracted unless dishonoured cheque signed by person concerned – Criminal petition allowed – Proceedings quashed as against petitioner.” On perusal of the record, this Court is of the firm view that the above decision is squarely applicable to the facts of the case on hand since the petitioner herein is not a signatory to the instruments concerned and hence the petitioner cannot be prosecuted for the offence punishable under Section 138 of the Act and the proceedings initiated against her in the calendar cases can be quashed. Accordingly, the Criminal Petitions are allowed and the proceedings in C.C.Nos.1314, 1315 and 1333 of 2009 on the file of the X Addl. Chief Metropolitan Magistrate at Secunderabad, in so far as the petitioner herein is concerned, are hereby quashed. In any event, taking into consideration that the cases are of the year 2009, the trial Court is directed to conclude the trial, in so far as the other accused is concerned, within a period of three (3) months from the date of receipt of a copy of this order. Miscellaneous Petitions, if any, filed shall stand closed. __________________ RAJA ELANGO, J 8th April, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.Nos.7171, 7586 and 7589 of 2010 (Allowed) 8th April, 2011 CBS [1] 2010 (2) ALD (Crl.) 675 (AP)