Re: Cheque Bounce Case
Kartik dhar
(Querist) 28 December 2010
This query is : Resolved
Hello Xperts!
I am going through a divorce. She has not filed any Divorce Petition yet. But she has kept my daughter and my pet dog. She wants me to give her divorce and leave her and carry on with my life.
I have no place to stay and accommodate my parents as the house was gifted orally to me by my wife's mother. She is now asking me to vacate the house, she has also taken away my Maruti Swift car by fooling me. Though the car is owned by her.
In return when I asked for the compensation she has given me a cheque of Rs. 95 Lakhs against mutual settlement for Divorce.
I am sure this cheque will bounce and she will deny the alligations further.
1. What are my options to file a case u/s 138 of NI Act.
2. Or what am I supposed to do?
Please advise appropriately...
Much appreciated!!
Bhawani Mahapatra
(Expert) 28 December 2010
Dear Kartik
It seems me from your narration that a cheque of Rs.95 lakhs was issued to you for mutual settlement, which is not enforceable in law in ordinary case.
In order to attrach sec 138 of NI act, the cheque must be issued to discharge any debt or liability. Here the cheque is issued for different reason. so even if you file a case u/s 138 of NI Act, it would not meet your expectation.
Devajyoti Barman
(Expert) 28 December 2010
You should go for mutual settlement only on the basis of DD or cash. The car having been in her name you can not clam that too. However to evivt you from her house is not a easy task or a expedititous either specially if you are from Kolkata or West Bengal.
Kartik dhar
(Querist) 29 December 2010
Thanks for the answers.
I am sorry if I have made a statement about 'against settle for mutual divorce'.
The fact is she is insisting for divorce for reasons best known to her. I clearly let her know that I do not want divorce. But she wants it and is adamant.
As mentioned earlier, i do not have a place to live,I am forced to ask for compensation to that She gave me the cheque as compensation.
Please advice if the cheque, if it bounces, will that attract 138 NIA.?
Please advice
Much appreciated
Ajay Bansal
(Expert) 29 December 2010
NO CASE U/S 138 N.I. ACT IS MADE OUT IN VIEW OF SECTION 139 N.I. ACT.
Devajyoti Barman
(Expert) 29 December 2010
That type of cheque bounce case would not lie that the law in India does not recognise the rights of men in the event of breaking of a marriage.
Kartik dhar
(Querist) 30 December 2010
I agree with you my dear respected and advocate friend.
I am left with no options... as now my wife has upper hand and has just issued a legal notice to vacate the house...
God have mercy on me... I know you canot help me anymore...
I thankyou for all you support and help.
oxox
Guest
(Expert) 31 December 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
KINDLY NOTE THAT
1.YOU MAY KINDLY SEND THE COPY OF MUTUAL CONCENT TERMS.
2.IN BRIEF YOU ARE WAIVING YOUR CLAIM TO THE PROPERTY AND OTHER MONETARY CLAIMS.
3.IN CASE THERE ARE ANY CHANCES OF COMPROMISE THEN SERIOUSLY TRY FOR THE SAME.
4.YOU MAY FILE THE MUTUAL CONCENT APPLICATION IN THE COURT AND ALSO MENTION THE FACT THAT THE SAID CHEQUE WAS TOWARDS THE SETTLEMENT AS PER TERMS.
5THEN DEPOSIT THE SAID CHEQUE FOR CLEARING .
IN CASE THE SAME GETS CLEAR THEN MATTER ENDS.BUT IN CASE IT IS DISHONOURED YOU MAY SUBMIT THE DETAILS TO THE COURT WHERE DIVORCE PETITION IS PENDING.
5YOU MAY CLEARLY MENTION ALL FACTS TO THE COURT ON AFFIDAVIT .AND LET THE COURT DECIDE THE MATTER.YOU WILL SUCCEED.
YOU MAY WRITE OR CALL AND SEND DETAILS WILL HELP YOU.GOOD LUCK.
