Cheque was issued by a husband from an account jointly operated by his Wife.
Learned counsel for petitioner, by placing reliance on a decision of Kerala High Court in T.N.Devi vs. A.C.Haridas and another 2004 Cri.L.J. 4710 submits that where the account is joint and cheque issued only by husband in discharge of his liability, wife was not drawer and had no liability, merely because she happened to be 2
spouse of the accused and account can be operated by either of them, that cannot make her culpably liable. Moreso, when she was not sought to be made liable with help of Section 141 of Negotiable Instruments Act.
Perused the complaint. There is no allegation that petitioner Smt. Anjleena Prakash is involved in the transaction. Her liability cannot be fixed only on the ground that cheque which was issued was in the joint name of petitioner and her husband. As she has not issued any cheque and has not taken any part, so no criminal liability can be saddled upon her.
Madhya Pradesh High Court
Smt. Anjleena Prakash vs Jitendra Kumar Kesharwani on 4 September, 2012
