Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Order of acquittal by Magistrate reversed by High Court and remanded the matter for sentence—Appeal—Cheque in question is neither signed by appellant nor drawn on a bank account maintained by him—Cheque in question is signed by one who happens to be the father of the appellant—When a cheque is neither issued by the appellant nor drawn on a bank wherein he has an account, there could not have been a question of liability on the appellant—Impugned judgment and order passed by the High Court is set aside and that of trial court acquitting appellant is confirmed—Appeal allowed.
[Paras 7 to 10]