Sau. Yogita Pravin Bhamre v. Nilyababu Bhalchandra Shah
2012-02-29
R.C.CHAVAN
body2012
DigiLaw.ai
Judgment : Rule. By consent, rule made returnable forthwith and taken up for hearing. 2. Heard. These are two applications for quashing two proceedings bearing Criminal Case Nos.6390 and 6391 of 2009 pending before the learned Judicial Magistrate, First Class, Nashik for an offence punishable under Section 138 of the Negotiable Instruments Act in respect of dishonour of two cheques bearing Nos.022083 and 022082 issued by Hemant Ramesh Ghodke to the complainant Nilyababu Bhalchandra Shah towards a transaction of purchase of a property in the name of both the applicant and Hemant. Since the cheques were not issued by the applicant, though she was to jointly purchase the property along with Hemant, the applicant cannot be made an accused for dishonour of the cheques. On the face of the complaints, no case for proceeding against the applicant is made out. The learned Additional Sessions Judge should have seen this when the matters were taken in revision before him. Therefore, though the parties have proceeded ahead with the trial, the applications are allowed. The proceedings, insofar as they relate to the present applicant, are quashed and set aside. The learned trial Judge will proceed against the co-accused and finish it as expeditiously as possible. Rule is made absolute in above terms.