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2017 (4) TMI 1570 - GUJARAT HIGH COURTDishonor of Cheque - vicarious liability of husband - cheques which have been dishonoured were issued by his wife in her personal capacity - applicant is not a signatory to the cheque - HELD THAT:- Indisputably, the applicant herein has not signed the cheque. The cheque has been signed by the wife of the applicant herein. As the applicant is not a signatory to the cheque, no liability can be fastened upon him for the dishonour of the cheque under Section 138 of the Negotiable Instruments Act. The law in this regard is well-settled. The Supreme Court in the case of MRS. APARNA A. SHAH VERSUS M/S SHETH DEVELOPERS PVT. LTD. AND ANOTHER [2013 (7) TMI 718 - SUPREME COURT] has held that under Section 138 of the Act, it is only the drawer of the cheque who can be prosecuted. In the case on hand, admittedly, the appellant is not a drawer of the cheque and she has not signed the same. A copy of the cheque was brought to our notice, though it contains name of the appellant and her husband, the fact remains that her husband alone put his signature. In addition to the same, a bare reading of the complaint as also the affidavit of examination-in-chief of the complainant and a bare look at the cheque would show that the appellant has not signed the cheque. Application allowed.
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