138 of ni act

ranjana s wa (Querist) 03 April 2018 This query is : Resolved
if husband and wife had borrowed the friendly loan by giving promissory note between complainant and single borrower( husband). as surety of loan return, two cheques are given by both, husband and wife with shared amount with their different account in which wife has given cheque from account which she have with old name( before marriage ). can i file combined or individual complaint? please suggest case laws regarding this issue under s-138 of NI Act.

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Advocate Bhartesh goyal (Expert) 03 April 2018
Cheques are issued by husband and wife separately from their separate account to you, so you have to initiate separate proceedings against them.

Guest (Expert) 03 April 2018
Seems to be an academic query.

By the way, what do you propose to do with the case laws, when your own lawyer has to look after the merits of the case?

SHIRISH PAWAR, 7738990900 (Expert) 03 April 2018
Husband and wife are two persons issued two different cheques so separate case has to be filed against each dishonored cheque.

Sudhir Kumar, Advocate (Expert) 04 April 2018
submit real facts do not make it a test paper.

P. Venu (Expert) 04 April 2018
Admittedly, the cheques were given as surety. Hence no offence under NI 138 is made out, even if the cheques are presented and dishonoured. However, you can initiate a civil action based on the promissory note.

Dr J C Vashista (Expert) 05 April 2018
How can you establish that the cheques were issued for security.
Of course husband and wife are two different account holders and cheques were issued separately from their individual account(s), both are liable for prosecution.

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