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Husband Not Liable For Cheque Issued By Wife U/s 138 of NI Act, 1881
Case Law Details
- Case Name
- Harshad Manubhai Malavaiya Vs. State Of Gujarat (Gujarat High Court at Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Gujarat High Court
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Indisputably, the applicant herein has not signed the cheque. The cheque has been signed by the wife of the applicant herein. As the applicant is not a signatory to the cheque, no liability can be fastened upon him for the dishonour of the cheque under Section 138 of the Negotiable Instruments Act. The law in this regard is well-settled. The Supreme Court, in the case of M/s.Aparna A.Shah v. M/s.Sheth Developers Pvt. Ltd. and another, AIR 2013 SC 3210, has succinctly explained the position of law thus :
“7….”138. Dishonour of cheque for insufficiency, etc., o...
