https://www.taxtmi.com/caselaws?id=370958 Section 138 of the Negotiable Instruments Act, 1881 fastens criminal liability only on the drawer of the dishonoured cheque, and vicarious liability cannot be presumed without a clear statutory foundation. Where the cheque bore the signature of the complainant's wife and not the petitioner's, the essential ingredient of being the drawer or signatory was not satisfied against the petitioner. The proceedings under Section 138 were therefore not sustainable against him, and the summoning order was set aside. The complainant was left free to pursue the allegation under Section 420 of the Indian Penal Code, 1860 in accordance with law. en-us Mon, 19 Nov 2018 00:00:00 +0530 Tue, 27 Nov 2018 06:38:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=370958 Section 138 of the Negotiable Instruments Act, 1881 fastens criminal liability only on the drawer of the dishonoured cheque, and vicarious liability cannot be presumed without a clear statutory foundation. Where the cheque bore the signature of the complainant's wife and not the petitioner's, the essential ingredient of being the drawer or signatory was not satisfied against the petitioner. The proceedings under Section 138 were therefore not sustainable against him, and the summoning order was set aside. The complainant was left free to pursue the allegation under Section 420 of the Indian Penal Code, 1860 in accordance with law. Case-Laws Indian Laws Mon, 19 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=370958