Hi freinds . one of my freind borrowed rs 9 lakh for his daughter's marriage . he has given a blank cheque belongs to his wife (signed by his wife ) . is it enough to file the case . he

Deputy Manager

Vinod Shah, you didn't make me intelligent by sending the latest ruling of the SC, which ruled that if wife has not taken any loan, even then she can issue the cheque to the stranger borrower, no matter if he gave money as help to her husband. Right you are that I am abusive, but to the 'Bas...d or मा द र चो. like you only.
 
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Scientist/Engineer

Husband has borrowed money and in return he has given a cheque signed by his wife on her account. Husband and wife are jointly and severally  responsible to repay the loan taken for their daughter's marriage. I believe the daughter is daughter of the wife also. The case will attract Section 139. In fact Section 139 is introduced because litigants were playing such tricks. Heve you met the requirement of sending notice to the borrower? If they disown and contest they can be charged under IPC Section 120B for criminal conspiracy also.  In law there is the question of nexus also. There is a nexus between the husband borrowing money and wife giving a cheque in return. Hire a good lawyer.

 
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