https://www.taxtmi.com/caselaws?id=422486 Under Section 138 of the Negotiable Instruments Act, criminal liability ordinarily attaches to the drawer of the cheque, not to a bank that merely maintains the account and acts on customer instructions. Section 141 extends liability only in recognised cases involving companies or firms and persons responsible for them; it does not, on these facts, justify proceeding against the bank as a co-accused. The summoning order was therefore unsustainable for lack of legal basis against the bank, and the complaint could continue only against the drawer in accordance with law. en-us Fri, 13 May 2022 00:00:00 +0530 Mon, 16 May 2022 21:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=422486 Under Section 138 of the Negotiable Instruments Act, criminal liability ordinarily attaches to the drawer of the cheque, not to a bank that merely maintains the account and acts on customer instructions. Section 141 extends liability only in recognised cases involving companies or firms and persons responsible for them; it does not, on these facts, justify proceeding against the bank as a co-accused. The summoning order was therefore unsustainable for lack of legal basis against the bank, and the complaint could continue only against the drawer in accordance with law. Case-Laws Indian Laws Fri, 13 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=422486