https://www.taxtmi.com/caselaws?id=446833 Section 138 of the Negotiable Instruments Act fastens criminal liability only on the drawer of a cheque drawn on an account maintained by that person. Because the provision is penal and must be strictly construed, a non-drawer who is neither the signatory nor the account-holder cannot be prosecuted merely on the basis of alleged involvement in the underlying transaction or asserted joint liability. On the stated facts, the cheque was not issued by the petitioner or from her account, so criminal process under Section 138 could not be extended to her and the complaint was liable to be quashed against her. en-us Wed, 06 Dec 2023 00:00:00 +0530 Wed, 13 Dec 2023 07:53:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446833 Section 138 of the Negotiable Instruments Act fastens criminal liability only on the drawer of a cheque drawn on an account maintained by that person. Because the provision is penal and must be strictly construed, a non-drawer who is neither the signatory nor the account-holder cannot be prosecuted merely on the basis of alleged involvement in the underlying transaction or asserted joint liability. On the stated facts, the cheque was not issued by the petitioner or from her account, so criminal process under Section 138 could not be extended to her and the complaint was liable to be quashed against her. Case-Laws Indian Laws Wed, 06 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446833