Bombay High Court Upholds Acquittal, Holds Cheque from Non-Personal Account Fatal to Section 138 Prosecution

Case Snapshot

Case Name: Shamdhan S/o. Ramkisan Singhal v. Smt. Vidhya W/o. Dhansingh Rajput & Anr.

Citation / Neutral Citation: 2026:BHC-AUG:4345

High Court: High Court of Judicature at Bombay, Bench at Aurangabad

Bench: Hon'ble Mr. Justice Abhay S. Waghwase

Date of Judgment: 24th September, 2026

Area of Law: Criminal Law, Negotiable Instruments Act, 1881, Section 138

Judgment Headline

Cheque drawn on joint account (Bachat Gat) cannot sustain conviction under Section 138 against individual.

The Judgment in One Line

Bombay High Court dismisses complainant's appeal, holding that a cheque drawn on a Bachat Gat account cannot attract Section 138 NI Act liability against an individual accused.

Why This Judgment Matters

This judgment reinforces the fundamental requirement of Section 138 of the Negotiable Instruments Act—the cheque must be drawn by a person on an account maintained by him. A cheque is

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