SUKHWANT KAUR Vs. J S VIRK

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure is for quashing the issuance of process under Section 319 Cr. PC. The grievance by the petitioner is that the material on record taken at best would not spell out offence under section 420, read with section 34 IPC, in respect of which process has been issued.

(2.) THE respondent-complainant filed a complaint under Section 138 of the Negotiable instruments Act against one Santokh Singh who is not a party to the present petition. The allegations in the complaint were that in satisfaction of a loan of Rs. 20. 000/-, the said Santokh Singh issued a cheque dated 17. 7. 1992 (sic 13. 7. 1992 ). That cheque bounced on the ground that sufficient funds were not at the credit of the account-holder. During the course of recording evidence before framing the charge, it transpired that the amount on which the cheques was issued stood in the name of the present petitioner S. K. Sandhawalia, who happens to be the wife of the original accused santokh Singh. It also transpired that the cheques had been signed by the petitioner sukhwant Kaur. The material also came on record to show that the said sukhwant Kaur is the proprietor of M/s. S. K. Travels which runs a business of Taxi. The text of the complaint indicates that the original accused Santokh Singh was initially believed to be the proprietor of the said S. K. Travels. It clearly, therefore, appears that while filing the complaint, the complainant was under the impression that the accused Santokh Singh was the proprietor of S. K. Travels. However, in the course of evidence, it transpired that Sukhwant Kaur, the wife of Santokh Singh on record as the proprietor of M/s. S. K. Travels. The amount that has been lent by the complainant to the accused was for the purpose of running the taxi business under the name and style of M/s S. K. Travels.

(3.) IN view of circumstances thus appearing, the Magistrate decided to issue process against the present petitioner under Section 319 Cr. P. C. and called upon her to face the prosecution for the offence under Section 420 read with Section 34 IPC.