Cheque dishonour
sunil agarwal
(Querist) 28 July 2015
This query is : Resolved
Sir
if anyone issue us cheque against some credit amount and cheque bounced, and the cheque owner has expired,
2. another cheque issue by his wife,
therefore, what shall be taken the step to recover our money from his family.
pls guide
Sunil Agarwal, Agra
M- 979001446
Guest
(Expert) 28 July 2015
A Money Lender Would afford to pay the Fees and Consult a good advocate locally.
sunil agarwal
(Querist) 29 July 2015
we have given the payment as friendly need.
so pls advice.
Rajendra K Goyal
(Expert) 29 July 2015
If the cheque issued by wife is also bounced, send legal notice to wife and file case u/s 138 NI Act. Can file recovery suit on legal heirs who inherited the estate.
P. Venu
(Expert) 29 July 2015
What do you mean by ""2. another cheque issue by his wife"?
sunil agarwal
(Querist) 29 July 2015
yes, another 2 cheque is issue by his wife in which 1 cheque from her current a/c of Rs.2 lac and 1 cheque is issue from her saving a/c of Rs.2 lac.
P. Venu
(Expert) 29 July 2015
The wife, apparently, has given you the cheque clearing the debts. Then what is your problem?
Guest
(Expert) 29 July 2015
Have the cheques issues by the wife also dishonoured?
sunil agarwal
(Querist) 29 July 2015
yes, the same cheque also dishopnoured
Guest
(Expert) 29 July 2015
In that case you may follow the advice of Shri Rajendra K Giyal.
P. Venu
(Expert) 29 July 2015
The wrong doing under Section 138 is a criminal offence; the culpability does not pass over to the legal heirs. Hence the wife is not liable.
However, in view of the presumption under Section 139, wife could be made liable under S.138 by falsely pleading that she had taken the money as loan and had issued the cheque to clear the debt.
Such false pleading makes no difference in the existing scenario as the docket explosion in this class of litigation is only because of the false pleading of the overzealous complainants and the lousy defense offered by the counsel for the accused.
Dr J C Vashista
(Expert) 01 August 2015
I agree with expert advise of MR. P Venu, as the dishonoured cheque of "wife" of deceased borrower has no legal liability to pay any such amount and if a complaint is filed against "wife" it would collapse.
SAINATH DEVALLA
(Expert) 01 August 2015
When the husband had died leaving behind UR liability,what made U hurriedly obtain 2 cheques from the wife and get them dishonoured.U may not have consulted a lawyer.I fully endorse the opinion and suggestion of Mr.Venu,and an offence u/s 138 is not maintainable here.
Biswanath Roy
(Expert) 02 August 2015
Unless wife admits that cheques issued by her relates to debts of her late husband and issued in lieu of dishonoured cheque of her husband there will be no case under the N.I. Act.
