Liability of wife in cheque dishonour case when cheque is issued by husband for liability of wife
whether there exists a
primary liability of the petitioner in terms of
Section 138 or 141 of Negotiable Instruments Act,
consequently, the petitions are heard finally.
6. The husband of the petitioner and the
petitioner had a joint account. Cheques were
drawn by husband of the petitioner in discharge
of legally enforceable liability. The complaint
(group)
petition, in paragraph nos. 1 and 2, though
refers of complainant having allured or induced
or by both the accused to invest, however, it
does not indicate that it was a joint venture of
the petitioner and her husband. Even if the
petitioner had joint account with her husband,
she could not be branded with liability in terms
of Section 141 of Negotiable Instruments Act,
taking recourse to the explanation (a) operates
in different direction. For the purposes of
reference, Company to include "a firm or other
association of individuals", there is nothing in
the complaint petition to illustrate that there
was either 'a firm or other association of
individuals' between the husband and the
petitioner as wife. The payments made by
complainant were by cheques, to petitioner's
husband, and not to her.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.1117 OF 2011
Mrs. Vaishali w/o Sunil Raichur,
VERSUS
1. Mr. Arun Shridhar Karadkhedkar,
Citation;2013 ALL M R (Cri) 2562
primary liability of the petitioner in terms of
Section 138 or 141 of Negotiable Instruments Act,
consequently, the petitions are heard finally.
6. The husband of the petitioner and the
petitioner had a joint account. Cheques were
drawn by husband of the petitioner in discharge
of legally enforceable liability. The complaint
(group)
petition, in paragraph nos. 1 and 2, though
refers of complainant having allured or induced
or by both the accused to invest, however, it
does not indicate that it was a joint venture of
the petitioner and her husband. Even if the
petitioner had joint account with her husband,
she could not be branded with liability in terms
of Section 141 of Negotiable Instruments Act,
taking recourse to the explanation (a) operates
in different direction. For the purposes of
reference, Company to include "a firm or other
association of individuals", there is nothing in
the complaint petition to illustrate that there
was either 'a firm or other association of
individuals' between the husband and the
petitioner as wife. The payments made by
complainant were by cheques, to petitioner's
husband, and not to her.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.1117 OF 2011
Mrs. Vaishali w/o Sunil Raichur,
VERSUS
1. Mr. Arun Shridhar Karadkhedkar,
Citation;2013 ALL M R (Cri) 2562
https://www.lawweb.in/2013/08/liability-of-wife-in-cheque-dishonour.html
