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rajan chopra   06 November 2023

SECTION 319 CR.P.C

SIR IN COMPLAINT U/S 138 NI ACT ON BOUNCED CHEQUE ISSUED BY ACCUSED AND HER HUSBAND BOTH SIGNATORIES OF CHEQUE AND JOINT ACCOUNT HOLDER I ISSUED NOTICE TO ONLY ACCUSED AND NO TO HER HUSBAND DUE TO NAME OF ACCUSED WAS APPEARING FIRST IN HER BANK ACCOUNT NOW I HAVE FILED AN APPLICATION U/S 319 CR.P.C TO IMPLEAD HUSBAND OF ACCUSED AS ACCUSED NO. 2
WOULD MY APPLICATION BE MAINTAINABLE AS I HAD NOT ISSUED NOTICE TO HUSBAND OF ACCUSED ?


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 November 2023

Notice is a must for both acccused 

T. Kalaiselvan, Advocate (Advocate)     07 November 2023

Merely it is a joint account will not make the husband liable for any debt.

The cheque bounce case filed against the person who issued the cheque under the signature shall only be liable until and unless the other person is involved in this act.

P. Venu (Advocate)     30 November 2023

Provisions of Section 319 CrPC cannot be invoked in the given facts.


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