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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
M.W.CHANDWANI
Monica, W/o Nirav Shah – Appellant
Versus
Dharampeth Mahila Multi State Co-Operative Society Ltd, through its court agent Shri Rajesh Nilkantrao Sathwane – Respondent
| Table of Content |
|---|
| 1. complaint details under section 138 of n.i. act. (Para 3 , 4) |
| 2. arguments on liability concerning joint account. (Para 5 , 6 , 7) |
| 3. interpretation of drawer liability under section 138. (Para 8 , 9 , 10 , 11) |
| 4. process abuse against non-drawer joint account holder. (Para 12) |
| 5. rule made absolute to quash lower court order. (Para 13) |
JUDGMENT :
M.W. CHANDWANI, J.
Heard.
2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
3. The petition seeks quashing and setting aside of the order dated 13.04.2017 passed below Exhibit-1 by the learned Judicial Magistrate First Class, Nagpur, in S.C.C. No.16088 of 2016, thereby issuing process against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
4. Shorning of unnecessary details, the case is as follows :
The respondent – State Co-operative Society Limited, Nagpur, filed a criminal complaint bearing S.C.C. No.16088 of 2016 against the petitioner as well as her husband for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the N.I. Act”). The Co-operative Society had advanc
A joint account holder cannot be prosecuted under Section 138 of the N.I. Act unless they are also a signatory on the cheque; prosecution of a non-drawer constitutes an abuse of process.
Only the drawer of a cheque can be prosecuted under Section 138 of the Negotiable Instruments Act; joint account holders are not liable unless they signed the cheque.
Only the drawer of a cheque can be prosecuted under Section 138 of the NI Act; a joint account holder is not liable unless they signed the cheque.
Only the drawer of a cheque can be prosecuted under Section 138 of the Negotiable Instruments Act, and in cases of joint accounts, all signatories must be involved for liability to attach.
A non-signatory to a cheque cannot be prosecuted under Section 138 of the Negotiable Instruments Act for cheque bounce, as liability is limited to the cheque's drawer.
A joint account holder cannot be prosecuted under Section 138 of the Negotiable Instruments Act unless they are a signatory to the cheque.
Words used in Section 138 of N.I.Act that “such person shall be deemed to have committed an offence” refers to a person who has drawn the cheque, but not any other person, except the contingencies me....
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