Dishonour of cheque U/s 138
Querist :
Anonymous
(Querist) 03 February 2010
This query is : Resolved
One of my close friend sister's is working in district courts as clerk at Haryana. Her husband got signed two blank cheques from her by saying that he need them to withdraw the money from her account. Now, there is dispute between the two i.e. husband and wife. Wife does not want to divorce the husband. So, in order to get the divorce, husband gave the cheques signed by her wife to his brother who is an advocate. Advocate filled the cheques for 10 lakh each & got it dishourned. Now, he has filed the case against wife either to pay the money or give the divorce to his brother.
What Advocate has alleged in his petition that wife has taken the loan in cash to give his brother the money so that her brother can purchase a property but actually he did not purchase any property during the last five years. Further, he alleged that how can a court person(wife) can issue a cheque without consideration. Advocate has shown source of Rs. 20 lakh as loan taken from his relatives. Relative is also deposing in court that he has given the loan to advocate for onward disbursal to wife's brother.
Plz. suggest how we can prove the innocence of wife or should we go for the settlement by way of mutually accepting the divorce?
R.R. KRISHNAA
(Expert) 03 February 2010
There is no other way out for the wife. Settlement is the best option.
Sukhija
(Expert) 03 February 2010
wife must have received notice for dishonour of cheque. why she did not replied on first opportunity? contest the case it will be difficult to prove loan of Rs. 20 lakhs given to wife. see income tax returns, get good advocate and fight the case.
Arvind Singh Chauhan
(Expert) 03 February 2010
Case totally depends on the defence taken on the reply of notice, if it is replied.
Raj Kumar Makkad
(Expert) 03 February 2010
Had the complainant an amount of Rs. in his bank account and had he filed an income tax return showing such huge loan and is disbursement etc. All such information can be obtained by demanding his income tax return. If no valid record is present, no person of prudent mind shall believe that a lady demanded such large amount from her Devar for her husband whereas so such property has been purchased by her husband since last more than 5 years. The contents of the complaint can be proved false subject to in-depth labour to be putforth by the counsel for the accused.
Where is this case pending in Haryana? I am in Bhiwani (Haryana)
B K Raghavendra Rao
(Expert) 03 February 2010
Counsel to the Accused need to work hard. In 138 proceedings initial onus on lending the money falls on the complainant. Here, the complainant can be chuckled and accused acquitted. It all depends upon the skill of the counsel. However, this is a big lesson for every one - do not believe anybody.
