Supreme Court · 2021 INSC 164 · Decided 8 March 2021
Alka Khandu Avhad v. Amar Syamprasad Mishra & ANR.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 164 · [2021] 2 S.C.R. 633
- Case number
- CRIMINAL APPEAL No. 258/2021
- Decided
- 8 March 2021
- Bench
- D.Y. CHANDRACHUD, M.R. SHAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 226; NI Act Section 138, 141
Headnote
Negotiable Instruments Act, 1881 - s.138 r/w S.141 - Complaint filed against appellant - High Court refused to quash the same - On appeal, held: Dishonoured cheque was issued by original accused no.1-husband of the appellant - It was drawn on his bank account and was neither the signatory to the cheque nor the dishonoured cheque was drawn from her bank account - Account in question was not a joint account - s.138 does not speak about the joint liability - Even in case of a joint liability, in case of individual persons, a person other than
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