Home / 
Only Cheque Signatory Liable for Prosecution u/s 138 of the Negotiable Instruments Act in India.
X X X X Extracts X X X X
X X X X Extracts X X X X
....Dishonor of Cheque - prosecution against the person who signed the cheque or the person who has authorized the signatory - The law on the point is made very clear. When accused No. 1 alone signed the Cheque in question, even though it is stated that accused No. 2 had authorized accused No. 1 to sign the Cheque, will not make her liable for the offence punishable under Section 138 of the N.I. Act. It is only accused No. 1 who signed the Cheque and issued in favour of the complainant and therefore, he can be prosecuted before the trial Court. - HC....