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Ni Act

Querist : Anonymous (Querist) 06 September 2010 This query is : Resolved 
My cheque( bank account in my name) is forged by my husband with out my knowledge and gave it to a person to whom my husband has to give a decreed amount by a civil court and the said person( complainant) filed a case under sec 138 NI act. My husband is a cheat and is there any chance for me to get exempted from the liability as i never owe any money(debt) to the complainant
Devajyoti Barman (Expert) 06 September 2010
If you are not liable to discharge that debt then the said cheque bouncing case would be of no effect on you.
Rajeev kulshreshtha (Expert) 06 September 2010
This is not clear that whose signature is shown on cheque. If your husband has forged your signature also it is a case of cheating.How the bank cleared the cheque without verifying your signature.
B K Raghavendra Rao (Expert) 06 September 2010
When once a complaint is filed under Section 138 and cognisance if taken by the court, you must stand trial of the case. During the trial, you will have every opportunity establish the facts stated by you by means of documents and also by cross-examination of the complainant.
Raju Ramparag Gupta (Expert) 07 September 2010
THE CHEQUE WAS NOT ISSUED BY YOU AND IT DOES NOT CARRY YOUR SIGNATURE AS WELL.
THE CHEQUE IS ALSO NOT ISSUED TOWARDS DISCHARGING ANY LAIBILITY IN SUCH CASE YOU CANNOT BE HELD LIABLE AT ALL.
CRIMINAL ACTIONS MAY BE TAKEN AGAINST YOUR HUSBAND.
James Arun (Expert) 07 September 2010
Yes, you can seek exemption from prosecution if you can prove that a) you have not issued the cheque b) you have no liability to discharge with respect to the complainant.

On the other hand, your husband may be prosecuted not only for cheque bounce u/s 138 of NIA, but also u/s 420 of IPC.

Contact a good lawyer well versed in criminal law.
Surrender K Singal (Expert) 07 September 2010
Filing of FIR for stealing / forging your cheque may are be useful in case u/N I Act
DEFENSE ADVOCATE.-firmaction@g (Expert) 13 September 2010
Yes if signed without your consent no case against you can be made out.

On deposition of bank person that signatures is not yours will be sufficient to dismissal of complaint.


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