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Gaurav (consultant)     11 April 2013

Cheque bounce against mcd mou terms

Hi law gurus, Tajobs and other experts,

 

I am going to file Mutual Consented Divorce and in MoU I have mentioned as below:

 

  1. That the husband at the time of first motion will handover a post dated cheque (Dated:XX, Bank Name:YY, Cheque Number:ZZ) of Rs. N Lacs in the name of wife dated 6 months after the date of first motion .
  2. That the wife shall be at liberty to encash that cheque only after obtaining a divorce decree.

 

Now my question is that:

if my wife tries to encash this money ( after due date of cheque, i.e. XX ) without apearing for divorce and thus cheque get bounce (as I will only put money in account only after sucessful divorce) then can it involves section138 NIA or any other IPC section?

 

  1. If she can invoke any IPC section for this bounced cheque, will her case stand strong in the eye of law considering that she has signed this MCD MoU in first MCD motion? How troublesome can this be? Do I have to face trial of any criminal case ?
  2. If she cannot file any case, then what is the legal reason of that?

 

Do I need to worry at all with such an MoU?

 

Please answer.

Thanks in advance



Learning

 10 Replies


(Guest)

MOU has no legal binding, its just an understanding between the parties. If she doesnt appear for divorce, you cancel the cheque.

Follow the below link:

https://www.wikihow.com/Cancel-a-Check

ajay sethi (lawyer)     11 April 2013

why do you want to mention in the MOU about issuance of any cheque . ? if your wife is vindictive and has scores to seetle with you she will present the cheque irrespective whether she appears or not . no doubt you have a vaid defence that she did not appear for divorce and hence  there is no debt due and payable . however you will have to go through the trial . instead of mentioning any details about cheque just give an aundertaking that husband will pay sum of Rs ______ on divorce decree being passed .

 

Gaurav (consultant)     11 April 2013

Hi Ajay,

I have been insisted by her to hand over a PDC dated for second motion. They do not want to accept it through court registry or FD for unknown reasons.

 

So if I do not mention the details of that PDC in MCD MoU (and mention in MoU that I will give her XX laks of second motion and also hand over a cheque as black) then I will be in double trouble as she will have a cheque and my accpetance in MoU  to give her XX laks. So she will try to encash 2*XX from me.

 

 Any suggestions?

Gaurav (consultant)     11 April 2013

-- 


(Guest)
Originally posted by : Gaurav

Hi Ajay,

I have been insisted by her to hand over a PDC dated for second motion. They do not want to accept it through court registry or FD for unknown reasons.

 

So if I do not mention the details of that PDC in MCD MoU (and mention in MoU that I will give her XX laks of second motion and also hand over a cheque as black) then I will be in double trouble as she will have a cheque and my accpetance in MoU  to give her XX laks. So she will try to encash 2*XX from me.

 

 Any suggestions?


You are making things complicated.


You should have mentioned in the MCD application that you are paying such such amount as full and final payment as permanent alimony, and such amount will be paid via demand draft on obtaining the divorce decree.

And as to she has agreed not to claim any further maintenance in any court in India.


By bringing in the cheque thing, though you are thinking of safety, there is a possibility, if she does not turn up on second motion and you wont put money into your account, she may still present the cheque and file a cheque bounce case on you.

Tajobsindia (Senior Partner )     11 April 2013

What you are seeking is “That bridge to Hawaii”
Now question that God asks to your Wife is “You too want it I see; with 2 Lane or 4 Lane!”
J

1 Like

Gaurav (consultant)     11 April 2013

Tajobs

I was waiting for you.

Lady is either oversmart or under fear. SHE only wants cheuqe.

Please warn me about my cunning wife with your sixth sense.

Thanks in advance as always.

Tajobsindia (Senior Partner )     11 April 2013

Simple; tell her forget this and that, let us agree for 10 L in cash at the time of recording of statements of parties at second motion. (That the parties have mutually agreed that First party will receive Rs. 10 L in cash from Second party towards all her past, present and future alimony full and final settlements and second party has agreed to bring on second motion Rs. 10 L in cash currency bundles in good condition to handover to first party upon First party recording her Second motion statements in a Court)  
[Hint:- Visit Chawri Bazar – Hazi Ali – Kormangala and get Re.1/- currency note bundles to the tune of Rs. 10 L and carry THAT oversize Bag to your Second motion court room as soon as Court opens for business – I bet to you that yours will be not only Hearing no. 1 as rescheduled on that date but your FIL will offer help you in carrying the BAG inside Court Room too!]

1. Test me on above now bze you couldnot make your your wife reply if she wants 2 Lane or 4 Lane.  
2. MCD walk is all about copulation of SENSES of parties to it and not about my sixth sense as I am not her husband to apply my senses though how much it sounds tempting via media
J

[BTW, @ Helping Hand openning observation is also right]

1 Like

Gaurav (consultant)     11 April 2013

:-) But the way I am apprehensive about her appearance on second motion, she should also be apprehensive so she won't accept that offer of accepting money on second motion.

Thanks.

I was hoping that now I have to face them 2-3 times more only but It seems that the situation demands another meeting with in-laws to request them to reconsider their post dated cheque request :-(

cm jain sir (ccc)     12 April 2013

You are in there net. wait for another case of check dishonoring!

No request/ no extortion for false cases. Beleive they are here to harass you so be careful.

gudluck!


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