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JASJIT SINGH BEDI
Rachna – Appellant
Versus
Joginder Singh – Respondent
| Table of Content |
|---|
| 1. overview of complaint and background facts (Para 1 , 2 , 3 , 4) |
| 2. (Para 5 , 6 , 7) |
| 3. legal principles and conditions under section 138 (Para 8 , 11) |
| 4. legal precedents on signatory liability (Para 9 , 10) |
| 5. final order quashing proceedings (Para 12) |
JUDGMENT
Mr. Jasjit Singh Bedi, J. (Oral)
The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the complaint bearing No.NIACT/944/2019 titled as 'Joginder Singh v. Rachpal Singh and others' under section 138 of the Negotiable Instruments Act (Annexure P-3), the summoning order dated 13.03.2020 (Annexure P-2) under section 138 of the Negotiable Instruments Act, the order dated 29.11.2021 (Annexure P-1) passed in the revision petition and all subsequent proceedings arising therefrom.
2. The brief facts of the case are that the respondent No.1/complainant Joginder Singh filed a criminal complaint under section 138 of the Negotiable Instruments Act against Mr. Rachpal Singh son of Mehngu, Mrs. Rachna (petitioner), wife of Rachpal Singh and M/s Rachna Trading Company through Rachpal Singh. As per the allegations in the complaint, the accused were running a trading company under the name and style
A person who is not a signatory to the cheque cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, for the offence of dishonour of cheque for insufficiency of funds.
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....
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....
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....
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