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Cheque dishonour case

(Querist) 19 November 2011 This query is : Resolved 
Respected Experts,

Cheque issued by wife for the discharge of a legally enforceable debt contracted by her husband, was dishonoured.

can the wife be prosecuted u/s 138 of NI Act.

pls provide citations.
Biswanath Roy (Expert) 20 November 2011
Sec.138 N.I. Act relates to dishonour of cheques since the cheque issued by your wife she is liable for the legal liabilites.
Advocate Bhartesh goyal (Expert) 20 November 2011
Yes definitely wife is liable and she may be prosecuted.
adv. rajeev ( rajoo ) (Expert) 20 November 2011
yes she is liable to be prosecuted as a gurantor
Guest (Expert) 20 November 2011
Of course sec.30 of the NI Act makes a drawer also liable to compensate the holder of cheque.
Kiran Kumar (Expert) 20 November 2011
yes she can be prosecuted...in 2011 the SC has clarified the law on this point and asserted that in such a circumstance the drawer of the cheque can be prosecuted.
Shailesh Kr. Shah (Expert) 20 November 2011
can the wife be prosecuted u/s 138 of NI Act.

Answer: yes
Rajeev Kumar (Expert) 20 November 2011
Yes the wife can be prosecuted u/s 138 NI Act
Shonee Kapoor (Expert) 20 November 2011
No reason to differ.


Shonee Kapoor
ajay sethi (Expert) 20 November 2011
agree with experts wife cna be prosecuted
Arvind Sehdev (Expert) 20 November 2011
agree with experts....
prabhakar singh (Expert) 21 November 2011
yes, i do agree experts query reply
Sukhija (Expert) 26 November 2011
what was legal liability of drawer, if u have some document regarding it in ur possession to show that the chq was given on behalf of husband then only....

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