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Liability of wife for dishonour of cheque when there is no l

 

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

-https://www.lawweb.in/2013/09/liability-of-wife-for-dishonour-of.html



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