Adinath@Avinash Patil (advocate) 31 July 2009
good morning to all lawyers, what is legale liabily u/s 138 of n.i.act. wether husband is liable for his wife's laone due amount.if he issued cheque for repayment of loan of his wife's loan due amount and the same is returned for 'insuffician amount.
If the huband has issued the cheque for wifes loan and the cheque is returned dishonoured, husband can be prosecuted under s.138 of NI act. Liability is accused can be fined twice the cheque amount as well as imprisoned for a maximum period of 1 year if the trial is conducted in a summary manner and can be imprisoned for a maximum period of 2 years if the trial is conducted in a regular manner.
Dharmesh Manjeshwar (Advocate/Lawyer) 31 July 2009
Well the husband shall be held liable u/s - 138 N. I. Act if the cheque issued by him against clearing the loan of his wife gets dishonoured .... If proved guilty of the said offence ... he could be penalised twice the cheque amount and/or face imprisonment for a maximum period of 2 years
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