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    <title>2022 (6) TMI 1130 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>In a prosecution under Section 138 of the Negotiable Instruments Act, a person cannot be added as an accused under Section 319 CrPC merely because he signed the cheque. The complaint must contain specific averments showing how and in what manner the proposed accused was responsible for the transaction or for the conduct of the business. Where the complaint stated that the loan was advanced to one accused for domestic use and contained no allegation against the petitioners or any joint venture, their later impleadment based only on cheque-signing was insufficient. The order allowing addition of the petitioners as accused was therefore unsustainable.</description>
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    <pubDate>Wed, 15 Jun 2022 00:00:00 +0530</pubDate>
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      <title>2022 (6) TMI 1130 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=424289</link>
      <description>In a prosecution under Section 138 of the Negotiable Instruments Act, a person cannot be added as an accused under Section 319 CrPC merely because he signed the cheque. The complaint must contain specific averments showing how and in what manner the proposed accused was responsible for the transaction or for the conduct of the business. Where the complaint stated that the loan was advanced to one accused for domestic use and contained no allegation against the petitioners or any joint venture, their later impleadment based only on cheque-signing was insufficient. The order allowing addition of the petitioners as accused was therefore unsustainable.</description>
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