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kavita (.)     03 September 2013

Under 138 nia act

I am business person but in bank i have joint account with my mother. To 1 party i gave cheque amount with my mother signature not my sign on cheque. Now i got summons from court not to my mother. Can anybody tell me about 138 nia act.?

I heard that dishonour of cheques come under 138 nia act but in my case my mother signature on cheque but claim on me and my partner.....please advice me....



 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 September 2013

The Supreme Court has held that a joint account holder cannot be prosecuted in a cheque bounce case unless the cheque has been signed by each and every person of such account.

The apex court said only the person, who issues a cheque from a joint account, can be made accused in proceedings under section 138 of Negotiable Instruments (NI) Act for dishonour of the cheque.

“We also hold that under section 138 of the NI Act, in case of issuance of cheque from joint accounts, a joint account holder cannot be prosecuted unless the cheque has been signed by each and every person who is a joint account holder,” a bench of justices P Sathasivam and J S Kehar said.

“This court reiterates that it is only the drawer of the cheque who can be made an accused in any proceeding under Section 138 of the Act,” the bench further said.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 September 2013

agree with expert, nothing left to add

Manish Kumar Gupta (Deputy Legal Manager)     05 September 2013


Dear Kavita..

As you are saying the cheque is given by you to a party, that means you may have some liability to pay to that person, and you have given the said cheque for the same.

Therefore that person made you a party to pay that dishonoured cheque amout, by proceeding under  N I Act. As per notice you have to attend the date.

Your mother might have also made party to the said complaint being a signatory of said cheque.

Thanks.


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