Judgment by Gujarat high court in in Harshad Manubhai Malavaiya vs State Of Gujarat. Whereas court said every individual having its own capacity and Husband is not liable for cheque issued by his wife.
Whereas Justice JB Pardiwala examined the case of dishonoured the cheque which issue b his wife of petitioner. Relying on the Supreme Court’s judgment in the matter of M/s Aparna A Shah vs M/s Sheth Developers Pvt Ltd and considering the language used in Section 138 and taking note of background agreement pursuantto which a cheque is issued by more than one person, this court held that it is only the drawer of the cheque who can be made liable for the penal action under the provisions of the NI Act.
The normal rule in the cases involving criminal liability is against vicarious liability. To put it clear, no one is to be held criminally liable for an act of another. Said by supreme court. So, No other individual prosecuted under section 138, for dishonor of cheque and its only liability of individual who had signed it and can be prosecuted for same.