regarding complaint U/s 138 of Negotiable Instrument Act

simrat pal singh (Querist) 16 May 2015 This query is : Resolved
Husband and wife both issued a cheque from their joint account to finance company from whom the wife took loan and signd Hypothication agreement, cheque dishonored and notice issued to wife alone and complaint filed aginst wife only, whether the complaint against wife only is maintainable, if not then why

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Jeetender Gupta (Expert) 17 May 2015
Complaint against wife should be maintainable. They can always add husband also as accused. But not making husband accused can't make complaint against wife non maintainable unless wife did not sign cheque.

Sudhir Kumar, Advocate (Expert) 17 May 2015
valid.

Nadeem Qureshi (Expert) 17 May 2015
Who was the liabilities of loan it is wife hence wife will be accused.

Rajendra K Goyal (Expert) 17 May 2015
Whether the separate cheque was signed by the husband from his own account which was dishonored, if so notice need to be sent to husband also.

T. Kalaiselvan, Advocate Online

(Expert) 18 May 2015
The complaint against the wife alone is perfectly maintainable because it was she who has executed the hypothecation as well as issued the cheque under her signature.

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