In Brief
A wife was prosecuted along with her husband for dishonour of a cheque issued by the husband to pay a lawyer's professional fees. The wife was not a signatory to the cheque, nor was it drawn on her account. The High Court refused to quash the complaint under Sections 138 and 141 of the Negotiable Instruments Act. The Supreme Court held that Section 138 applies only to the signatory and account holder. Joint liability for the underlying debt does not create criminal liability for cheque dishonour. Section 141, which applies to companies and associations, cannot extend to two private individuals. The Court allowed the appeal and quashed the complaint against the wife.
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