False cheque case by husband


Me and my husband are going to get seperated. Legal procedures of child custody and divorce is already posted for counselling. Before that, husband had given a false bank cheque bounce case against me. Apparently, while I was with him, I had signed a few blank cheques so that he can take money in my absense. Moreover, the money in that account was all his. I did not have any documents with me. I am yet to give domestic vicolence against him as I am wondering how to prove emotional abuse against him. if I give Domestic vilence case against him, will it do any good? all my salary was used by him only. I dont even posses by bank ATM, pass book or cheqe book. the date is posted for summons on july 29th. When should i take bail? what are the steps to be taken to prove my innocence?

 
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legal advisor

his cheque bounce case is not maintenable.if action for cheque bounce is to be initiated against someone u/s 138nia that someone should have issued the cheque on some legal liability that he owes to the other.here there is no legal liability on you to issue the cheque to your husband.

 
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Advocate,9444674980

Lot of contradictions in your version. 1, filing DV case will no way dilute this case in hand. 2, respond to summons first, on your failure to respond court will issue BW,then u can take a call on bail.

 
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LEGAL CONSULTANT

Complaint u/s 138 NI Act is between 2 individuals (INDIVIDUALS CAN BE SPOUSES TOO) or business establishments,wherein an official transaction should have taken place.

Hence it is better to respond to the court summons and fight UR case on merits.

GO THROUGH THE FOLLOWING CASE HISTORY:-

Spouse not guilty for bounced cheque: HC(GOA)

PANAJI: In a case of a wife's prosecution by her husband for the bouncing of a Rs 12,264 cheque issued by her before they started living separately, the high court of Bombay at Goa has upheld the acquittal of the wife by a trial court as the parties are governed by the law of communion of properties when their marriage is subsisting. 

The complainant's case was that in July 2006 he had given his wife, an insurance agent, an amount of Rs 12,264. This amount was given to enable her to obtain an insurance policy for the complainant as she fell short of fulfilling her target of policies. However, the wife did not obtain the policy for her husband. Subsequently, instead of returning the cash she gave her husband a cheque of the same amount. Later, she went to reside at her mother's place from November 2006 and started living separately. 

In order to recover the amount, the husband deposited the cheque in a bank, but the same was not honoured due to insufficiency of funds in the wife's account. 
 
 
The husband then filed a complaint against his wife before a magistrate.. However, the magistrate exonerated the drawer of the cheque as the husband could not prove her liabilty. This order was challenged by the complainant before the high court. 

Referring to Article 1108 of the Civil Code, 1867, which provides that the marriage consists in the communion between the spouses of all their properties, Justice N A Britto, observed thus: "When the complainant stated that he gave Rs 12,264 to the accused to obtain an insurance policy for him, the complainant gave the money which also belonged to the accused, that is, the money which was the property of the couple in which the accused would have half share. The complainant did not give it ( money) to the accused as a debt to be repaid." 

The court further held that communion ends by the dissolution of the marriage or by separation in accordance with law. Till date, the complainant and the accused, who are not officially separated, were living separately from November,2006, the court pointed out, and observed that the money was given by the complainant to the accused in July 2006 when they were living together as husband and wife.

 

 
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