THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.867 of 2010 Dated : 09.02.2010 Between : Smt.Polavarapu Padma ….. Petitioner/A.1 a n d M/s.Cholamandalam DBS Finance Ltd. & others ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.867 OF 2010 ORDER : This criminal petition under Section 482 of Cr.P.C. is filed by the petitioner-A.1 seeking to quash proceedings against her in C.C.No.379 of 2009 on the file of the Judicial First Class Magistrate- cum-Excise Court for the offence under Section 138 of N.I. Act. 2) Heard. 3) Petitioner has apparently taken loan from the first respondent and her husband is the guarantor. Towards discharge of the said loan, the husband of the petitioner i.e. A.2 issued the cheque, which is bounced, and the complaint is filed against both of them. 4) Learned counsel for the petitioner contends that admittedly the cheque was not issued by A.1-petitioner and it was issued by A.2, her husband, and as such petitioner-A.1 cannot be made liable for dishonour of cheque under Section 138 NI Act. 5) A reading of the complaint shows that the petitioner-A.1 has borrowed the money and in discharge of that debt the cheque was issued. Technically there is some force in the contention of the learned counsel for the petitioner that for the dishonour of the cheque issued by A.2, A.1 cannot be made liable. Still, in the circumstances of the case and as the amount involved is only Rs.20,000/- and as there appears to be serious dispute about the amount being borrowed by the present petitioner, for which, her husband-A.2 issued the cheque in the capacity of a guarantor, and as there is no possibility of case under Section 138 NI Act being filed against A.2, husband of A.1, individually, it is not a fit case for quashing the proceedings. 6) Therefore, the criminal petition is dismissed. ______________________ P.SWAROOP REDDY, J 9th February, 2010 SUR