Petitioner seeks quash of proceedings in C.C.No.4961 of 2012 on the file of learned Metropolitan Magistrate, Fast Track Court No. I, Egmore, Chennai.
2. Heard learned counsel for petitioner and learned counsel for respondent.
3. C.C.No.4961 of 2012 is an action moved alleging offence u/s.138 of Negotiable Instruments Act. The petitioner is the first of two accused in the case. Learned counsel for petitioner makes a simple submission that the petitioner is not the signatory of the cheque and though the cheque has been drawn on account held jointly by petitioner/A1 and father of first accused/A2, the cheque giving rise to the action was signed only by the father/2nd accused. When persons hold accounts jointly, each and every one of them, subject to special instructions to the banker, is entitled to draw cheques towards payment of his or her particular dues. The necessary presumption is that the cheque was drawn by the father/second accused towards repayment of his debt. No liability can be attached to the other joint holder.
The Criminal Original Petition shall stand allowed. The proceedings in C.C.No.4961 of 2012 on the file of learned Metropolitan Magistrate, Fast Track Court No. I, Egmore, Chennai, is quashed in so far as petitioner is concerned. Connected miscellaneous petition is closed.
20.06.2017 Index:Yes/No Internet:Yes/No bri/gmd To The Metropolitan Magistrate, Fast Track Court No. I, Egmore, Chennai.
C.T.SELVAM, J., bri/gmd Crl.O.P.No.2345 of 2013 20.06.2017