Husband Not Liable For Cheque Issued By Wife U/s 138 of NI Act, 1881

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., of funds in the ac...