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How does cheque bounce law apply to joint accounts?

06-Apr-2025
Cheque Bounce

Answer By law4u team

In India, cheque bounce cases are governed by Section 138 of the Negotiable Instruments Act, 1881. When a cheque is issued from a joint account and gets dishonored, the applicability of the law depends on who signed the cheque. 1. Liability of the Signatory: - The person who signs the cheque is primarily liable under Section 138. - If only one account holder signs the cheque, only that person can be held responsible for cheque bounce. - The non-signing joint account holder is not liable under Section 138. 2. Liability When Both Parties Sign: - If the cheque is jointly signed, both signatories can be prosecuted. - If the payee files a complaint, both signatories must defend themselves in the case. 3. Complaint Procedure: - The complaint must be filed within 30 days from the date of receiving the cheque bounce notice. - The payee must issue a demand notice within 15 days of receiving the cheque return memo from the bank. - If the drawer fails to make the payment within 15 days of receiving the notice, a legal complaint can be filed. 4. Joint Liability Under Companies or Partnerships: - If a cheque is issued by a company or partnership firm, both the company/firm and the signatory can be held liable. - Directors or partners who are involved in the day-to-day operations can be prosecuted if they signed the cheque. 5. Penalties for Cheque Bounce: - Imprisonment up to two years or a fine up to double the amount of the cheque, or both. - The court may also order the drawer to pay compensation to the complainant.

Answer By Anik

Dear Client, In joint accounts Section 138 liability for a bounced check usually only applies to the checks signatory or signatories. In Aparna A. Shah versus Sheth Developers Pvt. Ltd. (2013), the Supreme Court decided that Section 138 prosecution is limited to the person who signs the check. Because they are joint account holders other account holders who did not sign the check are not immediately liable. Accordingly under the check bounce law the drawer or drawers who signed the returned check are liable in joint accounts. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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