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2018 (9) TMI 43 - HC - Indian LawsDishonor of cheque due to insufficiency of funds - Offence u/s 138 and 142 of Negotiable Instrument Act - case of petitioner is that offence under Section 138 of Negotiable Instrument Act would not attract against him for the reason that he is not the drawer of the cheque - Held that:- It is seen from the complaint that the cheque is not belonging to the petitioner and the cheque pertains to the account No.88 and it stands in the name of the second accused. The other cheques issued by the second accused belong to her account. Though the loan jointly borrowed by both the accused, the alleged cheque was not signed by the petitioner and as such, no offence under Section 138 of Negotiable Instrument Act can be said to have been committed by the petitioner. The complaint against the petitioner is not maintainable and the respondent/complainant can very well proceed as against the second accused - quash petition allowed - decided in favor of petitioner.
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