Cheque bounce
Pooja Banker
(Querist) 03 November 2017
This query is : Resolved
I had filed 125 for my child andas per judgement my husband have to pay Rs. 30000 per month. He gave cheque in favour of court and then I collect cheque in name of my son. But my husband bounce the cheque which is in favour of family Court. Now my question is who file case against my husband me or court?? Cheque is in favour of family Court.
Vijay Raj Mahajan
(Expert) 03 November 2017
The bank cheque should have been in favour of the wife/petitioner not the Family Court. The Family Court is not party to the S 125 CrPC proceedings its adjudicating body only. The cheque in favour of family court bounced need not be used for any purpose as the complaint under S138 NI Act can be filled by the party whose debts or liability were to be discharged by the husband/respondent, Family court was not under debt or liability for which it was paid by the bank cheque so it cannot be complainant in such complaint and as the cheque not in favour of the wife/petitioner who was indebted cannot be the complainant on this technical ground.
Susmita
(Expert) 03 November 2017
File a contempt against husband.
Rajendra K Goyal
(Expert) 03 November 2017
Agree with the expert Vijay Raj Mahajan.
Dr J C Vashista
(Expert) 04 November 2017
I fully agree and appreciate the analytical acumen of expert Mr. Vijay Raj Mahajan.
To add to it, how does the Family Court accepted the cheque for maintenance of litigant, strange if so. Otherwise it is an unbelievable story which require to be authenticated.
Dr J C Vashista
(Expert) 04 November 2017
I disagree with expert Ms. Sushmita for filing contempt against the husband for recovery of maintenance awarded in favour of child and wife as no case is made out to issue notice for contempt of Court.
Dr J C Vashista
(Expert) 04 November 2017
The applicant (u/s 125 Cr PC) can/should file an execution petition before the Family Court.
Kumar Doab
(Expert) 04 November 2017
Your lawyer could have guided you while payout was being made.
Bring the facts in the knowledge of Presiding officer.
Kumar Doab
(Expert) 04 November 2017
You can benefit from the posts of Mr. Vijay Raj Mahajan, Mr. Rajendra K Goyal, Dr.J.C.Vashista.
Pooja Banker
(Querist) 08 November 2017
Sir I was decided by judge with my consent. first my husband pay amount by cheque in court then court will issue cheque in favour of my son.so the cheque was in favour of family Court and I cannot file case against my husband as the cheque is in favour of court.
