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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - drawer of cheque - Vicarious liability - ...


Section 138: Joint Account Cheque Dishonor Doesn't Automatically Implicate Co-holder in Liability. Only Issuer is Liable.

November 22, 2021

Case Laws     Indian Laws     HC

Dishonor of Cheque - drawer of cheque - Vicarious liability - From the bare reading of Section 138 of the N.I. Act, it transpires that the liability of the drawer of the Cheque, who has issued the Cheque from the joint account maintained by him and his wife, does not specifically bear any implication to make the wife equally liable when the Cheque was drawn by her husband, and therefore, no vicarious liability can be fastened on the holder of a joint account, by a mere fact that the dishonoured cheque was issued by the drawer of such a cheque from the same bank account. - HC

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