Joint account holder liability under cheque dishonour law is confined to the signatory drawer, not the non-signing co-holder.

Section 138 of the Negotiable Instruments Act applies only to the drawer of the cheque, because penal liability arises from the act of drawing a cheque on an account maintained by that person and must be strictly established. Criminal liability cannot be extended by implication, and vicarious liability is limited to the situations expressly covered by Section 141. Where a cheque drawn on a joint account is signed by only one account holder, the other joint holder who neither signed nor drew the cheque does not fall within Section 138 and cannot be prosecuted.

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Issues: Whether, in proceedings under Section 138 of the Negotiable Instruments Act, 1881, a joint account holder who did not sign the cheque can be prosecuted.

Analysis: Liability under Section 138 is attracted only against the drawer of the cheque, because the offence is built on the act of drawing the cheque on an account maintained by that person and the statutory ingredients must be strictly satisfied. Criminal liability cannot be extended by implication, and Section 141 creates vicarious liability only in the limited situations expressly covered by it. Where a cheque from a joint account is signed by only one account holder, the other joint account holder, who neither drew nor signed the cheque, does not fall within the penal liability created by Section 138.

Conclusion: A joint account holder who is not the signatory and drawer of the cheque cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881.

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