Supreme Court · 2013 INSC 398 · Decided 1 July 2013
MRS. Aparna A. Shah v. M/S. Sheth Developers PVT. LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 398 · [2013] 7 S.C.R. 69
- Case number
- CRIMINAL APPEAL No. 813/2013
- Decided
- 1 July 2013
- Bench
- P. SATHASIVAM, J.S. KHEHAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC; NI Act Section 138, 141
Headnote
NEGOTIABLE INSTRUMENTS ACT. 1881: A B ss. 138 and 141 - Dishonour of cheque - Uabilily of joint c ac:counf holders - Complaint uls. 138 - Held: Under s. fla it is only the "drawer" of cheque who can be made liable for penal action - Strict intetptetalion is required to be given to penal issuance of cheque from joint accooot a joint account holder cannot be proseculed unless 0 cheque has been signed by each and evety joint account holder- Appellant has nd signed the cheque - s. 141. which deals with olfence tW. 138 committed by a company. is not atl1acteci-1t was never the case
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