Aravind Aripaka 22 August 2022
Married couple approached me for the 5 lakhs loan. Husband has mortgaged his property and I have transferred the loan amount to husband's account. His wife has issued the cheque to clear the dues. But cheque has been returned with unpaid due to INSUFFECIENT FUNDS. Can I file cheque bounce case under NI 138 ACT?
Sidhhi 22 August 2022
Advocate Bhartesh goyal (advocate) 22 August 2022
In my opinion you can initiate cheque bouncing proceedings against wife since wife has issued cheque as guarantor of her husband so she is liable .
Dr J C Vashista (Advocate) 22 August 2022
Whether "wife" has accepted her liability ? If no, it is not a legally enforcable debt of the drawer of cheque.
If so, she can be prosecuted u/s 138 NI Act, 1881 besides summery suit for recovery u/o XXXVII CPC through a local prudent lawyer.
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