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YOGENDRA KUMAR PUROHIT
Taruna W/o Mahendra Kumar Mundra – Appellant
Versus
Gopal Singh S/o Mahendra Singh – Respondent
JUDGMENT :
Yogendra Kumar Purohit, J.
28. We also hold that under Section 138 of the NI Act, in case of issuance of cheque from joint accounts, a joint account-holder cannot be prosecuted unless the cheque has been signed by each and every person who is a joint account-holder. The said principle is an exception to Section 141 of the NI Act which would have no application in the case on hand. The proceedings filed under Section
138 cannot be used as arm-twisting tactics to recover the amount allegedly due from the appellant. It cannot be said that the complainant
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.
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.
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.
A person can only be prosecuted under Section 138 of the Negotiable Instruments Act if the cheque is drawn by them on an account maintained by them for the discharge of a debt or liability. Joint lia....
A joint account holder cannot be prosecuted under Section 138 of the NI Act unless the cheque is signed by each and every joint account holder.
Only the drawer of the cheque can be prosecuted under Section 138 of the Negotiable Instruments Act, and joint account holders cannot be held vicariously liable for the acts of the drawer.
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.
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