Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights January 2022 Year 2022 This

Dishonor of cheque - Proceedings against the Joint Account ...


Non-signatory joint account holders cannot be prosecuted u/s 138 of the Negotiable Instruments Act for cheque dishonor.

January 8, 2022

Case Laws     Indian Laws     HC

Dishonor of cheque - Proceedings against the Joint Account Holder who is not the signatory of the cheque - Section 138 of the NI Act does not speak about the joint liability. Even in case of a joint liability, in case of individual persons, a person other than a person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence Under Section 138 of the NI Act. A person might have been jointly liable to pay the debt, but if such a person who might have been liable to pay the debt jointly, cannot be prosecuted unless the bank account is jointly maintained and that he was a signatory to the cheque. - HC

View Source

 


 

You may also like:

  1. Liability of authorized signatory of a company to be prosecuted under Section 138 of the Negotiable Instruments Act, 1881 without the company being arraigned as an accused - SC

  2. The SC held that an authorized signatory of a company does not fall within the ambit of the expression "drawer" u/s 138 of the Negotiable Instruments Act, 1881 (NI Act)....

  3. Dishonor of Cheque - drawer of the cheque versus authorised signatory - One can easily visualise the object of Section 138 of the Negotiable Instruments Act, 1881, will...

  4. 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...

  5. The High Court considered a challenge to a notice u/s 226(3) for attachment of joint saving accounts. The petitioners, secondary account holders, argued they were...

  6. Dishonor of cheque due to account freeze falls within the purview of Section 138 of the Negotiable Instruments Act. The test is whether the account had insufficient...

  7. Dishonor of cheque due to account being frozen/blocked by order of IT department does not attract liability u/s 138 of Negotiable Instruments Act. For an offense u/s...

  8. This case pertains to the dishonor of cheques and the liability of the petitioners u/s 138 of the Negotiable Instruments Act. The High Court held that since the...

  9. Dishonor of Cheque u/s 138 - dishonor due to change in authorized signatories - authorised signatory liable to be prosecuted along with the company even after resignation. - SC

  10. This case pertains to the dishonor of cheques and the challenge to cognizance and summoning orders. The key points are: The cheques were signed and issued by respondent...

  11. Dishonour of cheque - vicarious liability not applicable - proprietorship concern - proprietor or signatory liable u/s 138 NI Act, not others - petitioner neither...

  12. Criminal Complaint filed u/s 138 of the Negotiable Instruments Act - According to us, the F.I.R. in question filed against the appellants – herein by Respondent No.2 is...

  13. Dishonor of cheque - joint signatory - cheque was signed by only one signatory - The respondents may have committed an offence of cheating punishable under section 420...

  14. Petitioner, a director in respondent company, challenged complaint and summoning order against her u/ss 138 and 141 of NI Act for dishonour of cheque issued to...

  15. SEBI issued a circular revising and revamping nomination facilities for demat accounts and mutual fund folios. Key points: Reiteration of Existing Norms: - Rule of...

 

Quick Updates:Latest Updates