IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application (C482) No. 575 OF 2007 Smt. Madhubala Seth W/o Shri Vijay Seth R/o 48 Garhi Cantt Police Station Cantt District Dehradun …..…Petitioner Versus 1. State of Uttarakhand through Principal Secretary of Home, Dehradun. 2. Shri Mohan Ahluwalia S/o Late Shri Karam Chand Ahluwalia presently residing at Hathibarkala Malsi Marg P.S. Sinola, P.S. Rajpur, Dehradun ……….Respondents Shri Sandeep Tandon, Advocate, present for the petitioner. Shri P.S. Bohara, Brief Holder, present for the State. Shri Parikshit Saini, Advocate, present for the complainant/respondent no.2. Hon'ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought quashing of the proceedings of criminal complaint case no. 1007 of 2007 (old no. 1812 of 2005), Mohan 2 Ahluwalia vs. Vijay Seth & others, relating to offences punishable under section 138 of the Negotiable Instruments Act, 1881, pending in the court of Special Judicial Magistrate II, Dehradun. 3. 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. 4. 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. 5. Having considered submissions of learned counsel for the parties and after going through the papers on record, this petition under section 482 of Cr.P.C., is allowed and the proceedings of criminal complaint no. case no. 1007 of 2007 (old no. 1812 of 2005), Mohan Ahluwalia vs. Vijay Seth & others, relating to offences punishable under section 138 of the Negotiable Instruments Act, 1881, pending in the court of Special Judicial Magistrate II, 3 Dehradun, are quashed, so far as the same relates to the present petitioner Madhubala Seth. However, it is clarified that the impugned criminal complaint may proceed against the co-accused Vijay Seth. 6. Registry is directed to inform the court concerned. (Prafulla C. Pant, J.) Parul 01.03.2011