2013 ACD 1142 (DEL) ::(2013) 2 DLT(CRL) 304 ::(2013) 2 BankCas 644 ::(2013) 2 ChandCriC 412 ::(2013) 2 NIJ 7

Delhi High Court

Hon'ble Judge(s): Kailash Gambhir , J

( A ) Negotiable Instruments Act (26 of 1881) S. 138 , 141 — Dishonour of cheque — Vicarious liability in case of joint account — Cheque issued by drawer from joint account maintained by him and his wife was dishonoured — Same would not specifically bear any implication that the latter is equally responsible even when cheque was drawn by her husband — She cannot be held vicariously liable to face prosecution u/S. 138 by stretching analogy of S.141 of Act.The Respondent No. 1 filed the complaint under Section 138 of the Negotiable Instruments Act, 1881 read with Section 420/34 IPC, 1860, on the allegations that petitioner and the respondent No.2 had agreed to purchase the flat of the complainant/respondent No.1. The cheque issued by respondent No. 2 on their joint account towards sale consideration in favour of complainant/respondent No. 1 was dishonoured. It is not in dispute between the parties that the petitioner is not the drawer of the cheque which was dishonoured. A mere fact that the petitioner has been maintaining a joint account along with her husband cannot make her liable for the said quandary. The liability of the drawer of the cheque, who has issued the cheque from the joint account maintained by him and his wife, does not specifically bear any implication that the letter is equally responsible even when the cheque was drawn by her husband and therefore, no vicarious liability can be fastened on the holder of a joi....