Cheque was issued by a husband from an account jointly operated by his Wife.

Learned counsel for petitioner, by placing reliance on a decision of Kerala High Court in T.N.Devi vs. A.C.Haridas and another 2004 Cri.L.J. 4710 submits that where the account is joint and cheque issued only by husband in discharge of his liability, wife was not drawer and had no liability, merely because she happened to be 2

spouse of the accused and account can be operated by either of them, that cannot make her culpably liable. Moreso, when she was not sought to be made liable with help of Section 141 of Negotiable Instruments Act.

Perused the complaint. There is no allegation that petitioner Smt. Anjleena Prakash is involved in the transaction. Her liability cannot be fixed only on the ground that cheque which was issued was in the joint name of petitioner and her husband. As she has not issued any cheque and has not taken any part, so no criminal liability can be saddled upon her.

Madhya Pradesh High Court

Smt. Anjleena Prakash vs Jitendra Kumar Kesharwani on 4 September, 2012

Shri Pankaj Dubey, Advocate for petitioner. None for respondent though served. Matter is fixed for final hearing at motion stage. On the last date of hearing also none appeared for respondent, today also none appears for respondent. Heard finally.
In brief, this petition is that petitioner is wife of Noel Prakash who had issued a cheque of Rs.1,02,000/- to respondent Jitendra Kumar Kesarwani from the joint account of petitioner as well as of her husband. This cheque was dis-honoured and criminal proceeding under Section 138 of Negotiable Instruments Act has been brought by way of filing private complaint Criminal Case No. 4544/11 in the Court of JMFC, Jabalpur against petitioner Smt. Anjleena Prakash as well as her husband Noel Prakash.
Learned counsel for petitioner, by placing reliance on a decision of Kerala High Court in T.N.Devi vs. A.C.Haridas and another 2004 Cri.L.J. 4710 submits that where the account is joint and cheque issued only by husband in discharge of his liability, wife was not drawer and had no liability, merely because she happened to be 2
spouse of the accused and account can be operated by either of them, that cannot make her culpably liable. Moreso, when she was not sought to be made liable with help of Section 141 of Negotiable Instruments Act.
Perused the complaint. There is no allegation that petitioner Smt. Anjleena Prakash is involved in the transaction. Her liability cannot be fixed only on the ground that cheque which was issued was in the joint name of petitioner and her husband. As she has not issued any cheque and has not taken any part, so no criminal liability can be saddled upon her. She has been made as co-accused no.2 in the above criminal case which is against the law. Hence, by allowing the petition, proceeding of Criminal Case No.4544/11pending before JMFC, Jabalpur (Jitendra Kumar Kesarwani vs. Noel Prakash and Smt. Anjleena Prakash) is quashed against the petitioner Smt. Anjleena Prakash only, and she is discharged from the aforesaid offence. Learned trial Court is directed to struck off the name of petitioner Smt. Anjleena Prakash from the array of accused persons. The petition is allowed.
C.c.as per rules.
(M.A.Siddiqui)
Judge.
Jk.
3

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