Mohammad Rafiq,J. - (1.) This petition has been filed by Smt. Puja Bali challenging order of cognizance dated 24.03.2015 passed by Civil Judge & Chief Judicial Magistrate, Alwar(for short 'the trial court') and order dated 01.09.2015 passed by the Additional District and Sessions Judge, No. 3, Alwar (for short 'the revisional court'). By the first order, the trial court has taken cognizance against the petitioner and her husband Ajay Kumar Bali under Section 138 of Negotiable Instruments Act(for short 'the Act') and by second order, the revisional court has dismissed the revision petition.
(2.) Learned counsel for the petitioner argued that the petitioner has been added as accused in the aforesaid proceedings only because she was joint account holder with her husband whereas the cheque, which was dishonoured, was signed by her husband. Learned counsel for the petitioner has relied upon the judgment of the Supreme Court in Mrs. Aparna A. Shah v. M/s. Sheth Developers Pvt. Ltd. & Anr. 2013 (2) DCR 417 wherein it has been held that under Section 138 of Negotiable Instruments Act, in case of issuance of cheque from joint account, a joint account holder cannot be prosecuted unless the cheque has been signed by each and every person who is a joint account holder. Learned counsel argued that even though the petitioner has a joint bank account with her husband, but indisputably the cheque was signed by her husband and not by the petitioner. Similar view has also been taken by Kerala High Court in Devi v. Haridas, 2005 (1) DCR 151.
(3.) Learned Public Prosecutor as well as learned counsel for Respondent No. 2 opposed the petition and submitted that this objection can be raised even before the trial court, which court would deal with the same while deciding the matter finally.;