Nitin Kotian (Advocate) 04 October 2015

Negotiable instruments act 1881

In one of my cases a friendly loan was taken by the accused. Thereafter one day the accused wife issues a cheque to my client which bears the name of the accused. However the cheque bounces and after sending the notice a complaint is filed. However the Ld Magistrate states that the complaint is not maintainable as the said cheque is not issued by the accused since its issued by the accused wife.

Pls let me know if she is correct in stating that its not maintainable. Any case laws to satisfy her query. Complaint is filed in Mumbai

Regards,

Nitin P Kotian

9819007158

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6 Replies

RAHUL KHATRI (SELF) 04 October 2015

How does the magistrate know that it was issued by the accused persons wife as it bears the name and signature of the accused person??? is there something you have ommitted..

If the cheque bears the name of the accused and it has bounced for the lack of funds then 138 NI can be initiated along with a criminal complaint U/s 406, 420 IPC..

Nitin Kotian (Advocate) 04 October 2015

We have mentioned the same in our complaint as we have got an information that he was arrested in some cheque bouncing case in dubai. however the said complainant in that case doesnt wish to give those papers to my client as he fears that the present accused may be stuck up in court of india.

Nitin Kotian (Advocate) 04 October 2015

Yes the cheque bears the name of the accused but wil i get a citation of the Supreme Court of any of the High Courts so that i can satisfy the Hon'ble Court

Sudhir Kumar, Advocate (Advocate) 04 October 2015

what case is filed? against whom it is file?

L.N.S.BHASRI (Advocate) 05 October 2015

if you have averred in the complaint that the said cheque was issued by the wife of the accused ( even though the cheque belongs to the accused) to the complainant, the magistrate is right in holding that the complaint is not maintainable

Sudhir Kumar, Advocate (Advocate) 06 October 2015

Originally posted by : RAHUL KHATRI
	How does the magistrate know that it was issued by the accused persons wife as it bears the name and signature of the accused person??? is there something you have ommitted.. If the cheque bears the name of the accused and it has bounced for the lack of funds then 138 NI can be initiated along with a criminal complaint U/s 406, 420 IPC..