Liability of wife for dishonour of cheque when there is no legal liability
He accepted that
he had no transaction with Varsha. Even, the
cheque which has been proved, was not in his
handwriting. The compliance in terms of Section 20
of Negotiable Instruments Act and inchoate
documents, has been strictly adhered to. He
claimed, he has filed the complaint petition for
getting money, against Mahesh and Varsha but, as
stated earlier, his complaint against Mahesh is
dismissed. In the complaint petition, there is no
reference as to whether, at the time of releasing
money, accused Varsha was present. On the
contrary, the complaint indicated, Mahesh had
handed over the cheque signed / drawn by Varsha to
him, which suggests that, at the time of handing
over the cheque, Varsha was not present. The
complainant was unaware about financial status of
Varsha or her activities. He had no transaction
with her. He did not write contents in the cheque.
There is no documents or even earlier events to
suggest that Varsha accepted liability of her
husband by way of issuing cheque.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.580 OF 2002
Rajendra Baburao Mahale,
Versus
Varsha Mahesh Dangarekar,
CORAM : K.U.CHANDIWAL, J.
DATED : FEBRUARY 15, 20131
Citation;2013 ALL M R (CRI)2496
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