138 wife says husband missued my cheques

Querist : Anonymous (Querist) 05 October 2022 This query is : Resolved
Dear Sir,

Husband used his wife's account and his own account to accept money online. After utilizing my money for 6 months he denied to sell his flat and gave cheques on wife's name which got bounced.
after repeated reminders he payed 50% amount only and I had to file 138.

Now wife says in court that my husband misused my cheques and I am not aware of any such deals or transactions (though cheques were signed by her only and she was present in couple of meetings as well) and out of 3 bounced cheques 2 cheques got cleared also.

What is the possibility of getting the money back now. Will court convict her?

Thanks & Regards,
Parvesh

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kavksatyanarayana (Expert) 05 October 2022
Your query is not clear. To my understanding, the husband had taken the money and repaid some amount but why action on the wife?

Dr J C Vashista (Expert) 06 October 2022
The drawer of cheque (wife) has signed the cheque hence is liable to be prosecuted and sentenced if it is dishonoured despite the fact her husband has used/ misused.

You will have to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding to defend you.

Querist : Anonymous (Querist) 06 October 2022
Thank you Sir for your prompt advice.

Advocate Bhartesh goyal (Expert) 06 October 2022
Yes, signatory of cheque ( wife ) is liable for consequence of dishonour of cheque irrespective of the fact that cheque was misused by her husband.

Pradipta Nath (Expert) 06 October 2022
It was better to make both the husband and wife party. Though the defence raised by the wife's counsel is not strong and chances of getting conviction. File another 420/406 IPC case against the husband and wife.

Querist : Anonymous (Querist) 06 October 2022
Now catch is her husband took some part of money(40%) in his account not wife's account.

Can I still show liability on her as her husband and she both were co-owner of the property.

Dr J C Vashista (Expert) 08 October 2022
In the absence of any documentary evidence how would you like to prove that the dishonoured cheque has been misused by the husband of drawer (wife) ?

P. Venu

(Expert) 10 October 2022
Admittedly, the husband took the money online. Then how could the wife be liable? Was she a guarantor? Have you any documents to fasten such a liability?

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