https://www.taxtmi.com/caselaws?id=414944 A joint account holder who did not sign the cheque cannot be prosecuted under Section 138 of the Negotiable Instruments Act merely because the account was jointly held. Liability under Section 138 attaches to the drawer of the cheque, and the statutory requirements of dishonour, notice, and non-payment must be met. Where the cheque was signed only by the husband, and the complaint did not show any separate business transaction or personal liability of the petitioner, vicarious liability principles applicable to company offences under Section 141 could not be extended to her. On those facts, continuation of the criminal proceedings was treated as an abuse of process, and quashing under Section 482 was held warranted. en-us Thu, 10 Jun 2021 00:00:00 +0530 Mon, 22 Nov 2021 06:07:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=414944 A joint account holder who did not sign the cheque cannot be prosecuted under Section 138 of the Negotiable Instruments Act merely because the account was jointly held. Liability under Section 138 attaches to the drawer of the cheque, and the statutory requirements of dishonour, notice, and non-payment must be met. Where the cheque was signed only by the husband, and the complaint did not show any separate business transaction or personal liability of the petitioner, vicarious liability principles applicable to company offences under Section 141 could not be extended to her. On those facts, continuation of the criminal proceedings was treated as an abuse of process, and quashing under Section 482 was held warranted. Case-Laws Indian Laws Thu, 10 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=414944