Punjab & Haryana HC Rules Husband’s Undertaking Won’t Shield Wife in Cheque Bounce Case

The Punjab and Haryana High Court delivered a judgment clarifying that a husband's undertaking to settle a business liability does not absolve his wife from criminal liability in a cheque‑bounce case. The bench observed that the liability under Section 138 of the Negotiable Instruments Act is personal to the drawer of the cheque, and a third‑party undertaking cannot substitute for the drawer's responsibility. Consequently, the wife remains liable and the trial will proceed. The decision underscores that financial undertakings by relatives do not affect the criminal prosecution of the actual cheque issuer, and may influence similar disputes where family members attempt to settle commercial debts to avoid prosecution.