cheques acquired with out the consent of drawer
RLH19811981
(Querist) 25 June 2009
This query is : Resolved
Jayashree Hariharan
(Expert) 25 June 2009
1. Does the friend have any proof that she gave money to your wife? has she mentioned in the legal notices that it is hand loan?
2.Are there any receipts, for your wife having repaid the loans given to her by her friend?
3. Has your wife written the date on the cheques? or only signed on the cheques?
4. How many cheques are there?
The friend will file cheque bounce cases, and summons will be issued.
Cheque bounce case has to be filed within 45 days from date of cheque bounce, so pls c the details regarding the ten cheques, in case u receive the legal notice once again.
PARTHA P BORBORA
(Expert) 25 June 2009
ur wife being an educated woman should know that no blank signed cheques suld be issued in any curcumstances. u r going to face real problem as as per Sec- 138 NI ACT the burden lies upon u that u has not issued those cheques agaist any debt. in my opinion u have a little hope.
adv. rajeev ( rajoo )
(Expert) 26 June 2009
30 lakhs, your wife's frnd has to prove the source of her income. You have told that 4 notices have been sent, so cause of action only arises from first notice but not by subsequent notices.
