Greater Noida | 17 Mar, 2022 (6 months, 1 week ago)

Criminal Law

Can non-signatory be prosecuted in 138 check bouncing , in case of joint account

My brother has a joint saving account with me in ICICI Bank, and one with mother in YES Bank. Around a month back, he issued 4 cheques to someone amounting Rs. 200000 each. 2 Cheques were of ICICI bank and 2 were of YES bank. Me and my mother had no knowledge about it. Cheques did not bear my or my mother's signature. Only brother's sign are on cheques. All cheques got bounced on 11th March due to insufficient funds. Now that person came to our home and is saying that he will file a criminal case against all 3 of us that we cheated him by making a plan together. Now my question is that will me and my mother also be put on trial along with brother? We are innocent here and don't know anything about it.
Answers
18 Mar, 2022 | 21:25

The Supreme Court has held that a joint account holder cannot be prosecuted in a cheque bounce case unless the cheque has been signed by each and every person of such account.
For legal advice you can write to me at advocatekunalseth@gmail.com


18 Mar, 2022 | 00:24

Sir, I'll provide you certain legal suggestions, but for that i need to ask certain questions from you. For any further assistance, feel free to contact me on my e-mail "shubhampabbiadv@gmail.com"

regards,
Shubham Pabbi & Associates


17 Mar, 2022 | 16:57

Please reach me at 9794148274


17 Mar, 2022 | 15:42

Dear client
As per your submission it reveals that this is a matter cheque bounce as per section 138 of Negotiable instrument Act
However
Give me details information about the matter then we will discuss your case.
You can call me for advise on
9359867870


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