Supreme Court of India
Mrs. Aparna A. Shah v. M/s. Sheth Developers Pvt. Ltd. & Anr.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that under D Section 138 of the Act, it is only the drawer of the cheque who can be prosecuted.
Judgment, page 16
From the headnote
NEGOTIABLE INSTRUMENTS ACT. 1881: 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 statutes - In a case of 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
Authorities it was built on
- 2006 Sabitha Ramamurthy and Anr. v. R.B.S. Channabasavaradha
- 2010 M/s J.P. Builders & Anr. v. A. Ramadas Rao & Anr.
- 1960 Shri Balwantrai Chimanlal Trivedi v. M. N. Nagrashna and Others.
- 2009 Jugesh Sehgal v. Shamsher Singh Gogi
- 2007 Raghu Lakshminarayanan v. M/s. Fine Tubes
- 1989 Sham Sundar & Ors. v. State of Haryana
- 2010 Oswal Fats and Oils Limited v. Additional Commissioner (adminisiration), Bareilly Division, Bareilly and Others
Where later benches applied it
- 2024 Bijoy Kumar Moni v. Paresh Manna & Anr.
- 2025 Ashok Singh v. State of Uttar Pradesh & Anr. R1: State of Uttar Pradesh R2: Ravindra Pratap Singh
- 2025 Sankar Padam Thapa v. Vijaykumar Dineshchandra Agarwal
Of those, 1 relied on · 1 distinguished · 1 referred to
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