Cheque bounce against divorce mou

consultant

Hi law gurus,

     

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. 8 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?
  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

 

  

 
Reply   
 
practicing advocate

You can also mention it in the MOU that cheque should be presented for encashment only after divorce decree.  If this clause will be in your compromise Petition, you can defend even if case under sec.138 of NI act filed by your wife.

 
Reply   
 


ADVOCATE sardarsena@gmail.com

You need not worry settlement cheque is not legal liability. Any cheque case even if filed you can win easily.All victims of cheque bounce cases are welcome to contact for proper defense. Send your email ID by PM.

 
Reply   
 
consultant

Hi Rajeev

Please re-read my post as I have already mentioned as you suggested, i.e.

That the wife shall be at liberty to encash that cheque only after obtaining a divorce decree.

   

   HowHPlease re-read my post as I have already mentioned as Please re-read my post as I have already mentioned as Please re-read my post as I have already mentioned as my post as I have already mentioned my post as I have already mentioned my post as I have already mentioned my post as I have already mentioned

 

 How much trouble can she create if she tries to encash this cheque  (without appearing for divorce) after signing this MCD MoU in first motion.?

adsdsdasd   sdsdsH dsdHdasdassHH HHasxdas

   

 
Reply   
 
consultant

 

Originally posted by : SANTOSHSINGH.

You need not worry settlement cheque is not legal liability. Any cheque case even if filed you can win easily.All victims of cheque bounce cases are welcome to contact for proper defense. Send your email ID by PM.

 Santosh,

But it becomes a legal liability once we file first MCD motion MoU stating that she can encash that cheque after divorce decree. No?

So can she invoke 138NIA against me by depositing such a cheque before divorce and make me face trial for a criminal case.

 
Reply   
 
ADVOCATE sardarsena@gmail.com

Legal liability is a technical term and there are ways to come out of it, you need not worry and persue your case.

You are obliged to make payment after grant of divorce and if you do not pay thereafter than and than only you have to face criminal action.

 
Reply   
 
consultant

Thanks Santosh

I am moving ahead with your confirmation.

Regards

Gaurav

 
Reply   
 
consultant

Hi Santosh,

One last query.

After how much duration ( 3 months or 6 months or lifetime or ??)  of cheque bounce, section 138NIA (or any other similar IPC section) can be invoked?

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu