The Punjab and Haryana High Court has clarified that a case against the wife cannot be pursued solely on the grounds of her husband’s bounced cheque, emphasizing that the joint bank account doesn’t automatically implicate her. The High Court issued an order to dismiss legal action against a Mohali resident, ruling in favor of Shalu Aroda in response to her plea to annul proceedings initiated under the Negotiable Instruments Act against her and her husband.
Shalu Aroda had lodged a complaint against her and her husband, Raman Kumar Aroda, under the Negotiable Instruments Act. According to the complaint, Raman Kumar Aroda had taken five lakh rupees from Shalu Aroda and issued a cheque as collateral. However, when the cheque was presented to the bank, it bounced due to insufficient funds. Based on the complaint, the Mohali court issued summons against Shalu Aroda and her husband.
During the hearing, Shalu Aroda argued that the bank account from which the cheque was issued is a joint account, but she did not endorse the cheque with her signature. After considering arguments from all sides, the High Court concluded that legal action cannot be taken against Shalu Aroda in the absence of her signature on the cheque. The court emphasized that, according to the law, only the person who signs the cheque can be held responsible. Consequently, the High Court has quashed legal proceedings against Shalu Aroda but has allowed proceedings to continue against her husband.