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Alka Khandu Avhad vs. Amar Syamprasad Mishra & Anr. (SC)

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Negotiable Instruments Act, 1881–Sec. 138–Joint liability–Section does not speak about the joint liability–Even in case of joint liability, in case of individual person, a person other than a person who has drawn the cheque in an account maintained by him cannot be prosecuted for the offence u/s. 138 of the Act–A person might have been jointly liable to pay the debt but if such a person who might have been liable to pay the debt jointly, cannot be prosecuted unless the bank account is jointly maintained and that he was a signatory of the cheque.