420 and ni 138 case

Your wife can either file a quash petition before high court or file a discharge petition before the same court immediately after getting the copies on first appearance.  Even you can do it because he cannot seek relief for the same cause of action in two criminal cases at a time.

yes, she can move to the high court for relief to quash the petition.

Yes. all advises are correct.

section 138 of NI Act will not be attract on your wife file a quashing petition before HC.

you can search the relevant judgments through nadeemqureshi1.wordpress.com

Dishonour of cheque:Punishment under negotiable Instrument Act and Indian Penal code TOO:

In a recent land mark judgement by Supreme Court in the case of

Sangeetaben Mahendrabhai Patel 

Verses 

State of Gujrat and another 

Decided on 02 April ,2012.

By justices Dr.B.S.Chauhan and S.Jagdish Singh Khehar , it has been held that after punishment / fine under Section 138 of Negotiable Instrument Act, the accused may be tried and punished under Section 406/420 read with Section 114 of The Indian Penal Code. 

Dear Mutu,

Both the complaint under section 138 NI Act as well as 420 IPC cannot go together. secondly you have to file discharge application on behalf of your wife before the court as opined above thereafter approach high court if the trial court negates your submission. You can also directly approach High Court also after first appearance. 

Rajiv Bhasin 

Advocate 

Bhasin Legal Consultants

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

9811210505

Please read the COMPLETE citation given above  by ADVOCATE CHEEMA  before advising QUASH AND DISCHARGE.

In cheque case if the other joint account holder has not signed than she can come out of the case otherwise not.

Fight the case on technical issues which are many with the help of local expert advocate and you can come out but only after trial.

sorry. Not understood what do you mean by

" All my cheques are passed with single signature of mine, even now also. But bank manager is telling Account is in “Both” mode. So both should be signed."

please clarify.  Whether your account is "either or survivor"

Dear Sir,

while returning the cheque bank has mentioned two reasons. 1. Funds insufficient 2. Drawers signature incomplete ( one more signature required - joint account)

After that I have enquired the bank manager.  The bank manager is telling the account is not in either or survivor mode, it is in both mode. But all these days I have only signed, many cheques have been passed  with single signature of mine.  Now also they are passing the cheques with single signature.

Complainant has filed 420 case against me telling that purposely I have given the cheque with single signature.

Kindly advise.

regards

Muthu

Dear Muthu,

This is the lapse on part of the Bank / Bank officials. Get the certified copies of all the cheques which you had issued after disputed transaction through RTI to prove your defense in your case. 

Rajiv Bhasin 

Advocate

if you can show the payment has been already made, collect the proof of the same, hire a good lawyer and let him worry for you.

Dear Mr.  Muthu ,

under the circumstances / facts given by you ,it shall be very difficult to prove the case beyond doubt under section 420 of IPC .

you said

"After that I have enquired the bank manager.  The bank manager is telling the account is not in either or survivor mode, it is in both mode. But all these days I have only signed, many cheques have been passed  with single signature of mine.  Now also they are passing the cheques with single signature."

you should have been aware of the nature of your account (even if earlier cheques were erroneously passed)

you gave a cheque which would have been bounced even if funds were tehre. 

intention of cheating is writ-large