1 S.B. Criminal Misc. Petition No.1372/2007 Smt. Ratan Devi vs. Alok Kansal & Anr. 12.09.2008 HON'BLE MR.JUSTICE G.S.SARRAF Mr. H.R.Kumawat for the petitioner Mr. Anil Gupta for respondent no.1. Mr. Arun Sharma, P.P. Reportable This criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 23.11.2006 passed by Additional Sessions Judge (Fast Track) No.7, Jaipur City, Jaipur whereby the revision filed by the petitioner against the order dated 28.7.2006 of Additional Chief Judicial Magistrate No.11, Jaipur City, Jaipur rejecting the application of the petitioner for terminating the proceedings against her has been dismissed. The facts in brief are that the petitioner Smt. Ratan Devi and her husband Narendra Handa are facing trial under Section 138 of the Negotiable Instruments Act (hereinafter referred to `as the Act;). They have a joint account in ICICI bank at Jaipur. Cheques in question have been issued by Narendra Handa. The cheques have been dishonoured on account of insufficiency of funds. Notice of demand has been issued only to Narendra Handa. The question is that whether the proceedings under Section 138 of the Act are maintainable against the petitioner. The person liable under Section 138 of the Act is the drawer of the cheque. The expression `drawer' has been defined in Section 7 of the Act. The maker of the bill of exchange or cheque is called `drawer'. Is the petitioner maker of the cheque in question ? 2 Obviously she is not. Admittedly, she has not signed the cheque. Notice of demand has also not been given to her. It is thus clear that there is no ground to proceed against the petitioner. Here is the case where it is required to pass an order to prevent the abuse of process of the Court and to secure ends of justice. Consequently, the misc. petition is allowed and the proceedings against the petitioner under Section 138 of the Act pending in the Court of Additional Chief Judicial Magistrate No.11, Jaipur City, Jaipur in criminal case no.173/2005 are quashed but learned trial court will proceed against the co-accused Narendra Handa in accordance with law. Record of the case be sent back to the trial court immediately. (G.S.SARRAF),J.