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Lifeasitis (private)     09 June 2013

Ecs bounce willfully


My husband is wilfully bouncing joint home loan for which we both are owners and amount deducts from his account. I deposit half amount into his account every month and recently he is sending it back and bouncing loan. He is not ready to give loan and ownership to me and I want to keep it. 

In this case..will bank book sec 138 case or goes for auction without booking case. I have proofs that am sending him money online. I have informed same to lender bank also. 

Will I be part of sec 138 case though its not my husband stays in different loc part of job and is not allowing me to go there though I can take transfer to his location..he keeps saying he is trying..

currently am staying in our flat and we both are co borrowers and co owners of this flat..


 4 Replies

Advocate Deepak Gupta (Lawyer)     09 June 2013

At present Electronic Clearing Service bounce is not define under defination of "CHEQUE"  , so section 138 of the Negotibale Instrument is not applicable. If EMI not deposit Bank may be go for auction . Deposite of monthly installment is not related  with personal dispute .

MARU ADVOCATE (simple solutions for criminal legal problems --     09 June 2013

ECS has been included in cheque bounce defination. please go through the latest act.

Section 25 defines electronic transfer with the rider=


(5) The provisions of Chapter XVII of the Negotiable Instruments Act, 1881 (26 of 1881) shall apply

to the dishonour of electronic funds transfer to the extent the circumstances admit. 

Advocate Deepak Gupta (Lawyer)     09 June 2013

Extremely Sorry jhmloan pls overlook my suggestion  . Thanks , Mr. Maru

MARU ADVOCATE (simple solutions for criminal legal problems --     09 June 2013

You need not be sorry since no body is perfect and every body do not  know all the things. So this forum is for exchange of knowledge.

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