Back
DEEPAK GUPTA
Sukhbir Singh – Appellant
Versus
Pawan Kumar Walia – Respondent
JUDGMENT
Deepak Gupta, J. (Oral)
Prayer in this petition filed under Section 482 Cr.P.C is to quash criminal complaint bearing NACT No.296 of 2017 titled Pawan Kumar Walia v. Virender Singh and another" under section 138 of the Negotiable Instruments Act, pending in the Court of learned Judicial Magistrate Ist Class, Panchkula besides summoning order dated 24.03.2017 and the subsequent orders including the order dated 07.03.2019 passed by learned Additional Sessions Judge, Panchkula dismissing the revision.
2. Complaint in question was filed by respondent- Pawan Kumar Walia regarding dishonour of a cheque amounting to Rs.15 lacs against the petitioner and co-accused Virender Singh. It was alleged that petitioner and co-accused had taken friendly loan of Rs.15 lacs and in order to discharge the liability, cheque from the joint account of the two, was issued. After taking preliminary evidence, summoning order was passed against both the accused, i.e. petitioner and the co-accused Virender.
3. Contention of the petitioner is that cheque in question does not bear his signatures and simply because he is the joint account holder, will not make him liable. Learned counsel has relied upon
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 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.
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 the cheque can be prosecuted under Section 138 of the Negotiable Instruments Act, and joint account holders cannot be held liable unless the cheque has been signed by each and ever....
Liability under Section 138 of the N.I. Act requires the accused to be a signatory to the dishonored cheque, and the provisions of Section 141 regarding the liability of a company, firm, or associati....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
