section 138 of NI Act

Querist : Anonymous (Querist) 22 May 2011 This query is : Resolved
husband and wife jointly took loan.both were having joint bank account. out of that account cheque was issued bearing only signatures of wife.whether husband can be made liable u/s 138 of NI Act?

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Advocate. Arunagiri (Expert) 22 May 2011
Whether the account can not operated by any one or jointly?

What is the operating instruction?

If any one can operate, and the wife issues the cheque, the husband can not be arrayed as an accused.

Guest (Expert) 22 May 2011
RIGHTLY SAID ARUNAGIRI SIR.

M/s. Y-not legal services (Expert) 22 May 2011
Sorry sir, if any one can operate mean, the wife issuing the cheque on behalf of husband also know, then why the husband can't be arraigned as an accused? Please make me clear sir.

DEFENSE ADVOCATE.-firmaction@g (Expert) 23 May 2011
both are liable, more ever nowadays for issue of process courts do not go in such finer points so on the basis of pleadings process is issued against both and you put all your such arguments are trial stage.

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