Learned Advocates,
A case of Sec. 138 of NI Act has been filed on my client for Rs. 3.00 lakhs. In discharge of promissory note the above cheque was given. In the promissory note, my client's wife signed as a witness. The complainant had intentionally implicated my client's wife as Accused No.2. Accused No.1 is my client. The cheque is issued by A1 only and A2 is nowhere concerned to the case. She is only a witness.
I read about Sec. 239 of Cr.P.C--Discharge Petition, but this sec. is not applicable for summons case i.e. NI Act. Sec. 239 is applicable only to Police Cases.
My question is that, is there any provision in NI Act to discharge the Accused No.2 as she is innocent and wrongly implicated.
--Ravinder, Advocate.
