https://www.taxtmi.com/highlights?id=82861 Cheque dishonoured due to signature being different from the petitioner, implying Bhagawat Daulat Gawali had no authority to sign on behalf of the petitioner-accused or his proprietorship firm. Cheque does not bear petitioner-accused's signature, so cannot be held liable for issuance or dishonour u/s 138 of NI Act, 1881. Respondent's assertion that Gawali issued cheque on behalf of petitioner-accused to discharge liability is untenable u/s 138, which is specific and applicable only to drawer and drawee. No third party can be summoned u/s 138. Petitioner-accused, not being signatory, cannot be summoned in complaint case filed by respondent u/s 138. Summoning order dated 01.02.2021 is illegal and set aside. en-us Thu, 07 Nov 2024 08:47:59 +0530 Thu, 07 Nov 2024 08:47:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=82861 Cheque dishonoured due to signature being different from the petitioner, implying Bhagawat Daulat Gawali had no authority to sign on behalf of the petitioner-accused or his proprietorship firm. Cheque does not bear petitioner-accused's signature, so cannot be held liable for issuance or dishonour u/s 138 of NI Act, 1881. Respondent's assertion that Gawali issued cheque on behalf of petitioner-accused to discharge liability is untenable u/s 138, which is specific and applicable only to drawer and drawee. No third party can be summoned u/s 138. Petitioner-accused, not being signatory, cannot be summoned in complaint case filed by respondent u/s 138. Summoning order dated 01.02.2021 is illegal and set aside. Highlights Indian Laws Thu, 07 Nov 2024 08:47:59 +0530 https://www.taxtmi.com/highlights?id=82861