Issuance of cheque from joint accounts, a joint account holder cannot be prosecuted unless cheque has been signed by him
In the light of the above discussion, we hold that under Section 138 of the Act, it is only the drawer of the cheque who can be prosecuted. In the case on hand, admittedly, the appellant is not a drawer of the cheque and she has not signed the same. A copy of the cheque was brought to our notice, though it contains name of the appellant and her husband, the fact remains that her husband alone put his signature. In addition to the same, a bare reading of the complaint as also the affidavit of examination-in- chief of the complainant and a bare look at the cheque would show that the appellant has not signed the cheque.
23) We also hold that under Section 138 of the N.I. 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 holder1
Supreme Court of India
Aparna A.Shah vs M/S Sheth Developers P.Ltd.& Anr on 1 July, 2013
https://www.lawweb.in/2013/11/issuance-of-cheque-from-joint-accounts.html
