A sessions court here has set aside a magisterial court's order summoning a woman as accused in a cheque bounce case, noting that it was not signed by her.
Special judge Rajneesh Kumar Gupta passed the order on a revision petition filed by Delhi resident Purnima Jain against the September 16, 2014 magisterial court order by which she was summoned as accused.
"The impugned order qua the petitioner (Purnima) is not sustainable in the eyes of law and accordingly it is set aside against the petitioner. Accordingly, the revision petition is allowed," it said, adding, "perusal of the cheque in question shows that it has not been signed by the petitioner."
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In its order, the court noted "there are no sufficient grounds to proceed against petitioner Purnima Jain."
Counsel for Purnima had argued before the sessions court that the magisterial court had passed the order "on the basis of the surmises and conjectures which were against the facts of the case and law".
Complainant Bhupesh, however, had told the sessions court that Purnima was the joint account holder and she, along with the other accused, had given the cheque of Rs five lakh to him on June 16, 2014.
However, it was dishonoured on the ground of insufficient funds, the complainant had said, adding that accused had failed to pay the amount despite the service of legal notice on them.
