Petitioner seeks quash of proceedings in S.T.C.No.154 of 2010 on the file of the learned Judicial Magistrate II, Salem.
2. Heard learned counsel for petitioner and there is no appearance for respondent.
3. A reading of the complaint in the case in S.T.C.No.154 of 2010 on the file of learned Judicial Magistrate II, Salem, for offence u/s.138 of the Negotiable Instruments Act does not spelt out in what manner this petitioner, arrayed as A2, is liable. Petitioner/A2 is the husband of the first accused, who has issued the cheque. A perusal of the cheque reveals that the same was issued by the first accused in the capacity of Managing Partner. Even if this Court is to assume that this petitioner, as a partner of the firm, is liable to be proceeded against, necessary averments as would warrant his prosecution are not found in the complaint. Without going into the question of liability of the first accused in the absence of arraying the partnership firm, if any, this Court allows the present petition insofar as this petitioner is concerned.
The Criminal Original Petition is allowed. The proceedings in S.T.C.No. 154 of 2010 on the file of the learned Judicial Magistrate II, Salem, is quashed insofar as this petitioner is concerned. Consequently, connected miscellaneous petition is closed.
07.06.2017 Index: Yes / No Internet: Yes gm/bri To The Judicial Magistrate II, Salem.
C.T.SELVAM, J., gm/bri Crl.O.P.No.4814 of 2013 07.06.2017 http://www.judis.nic.in