Accused issued cheque from the account of another personn
rajan chopra
(Querist) 09 March 2017
This query is : Resolved
Sir in a cheque bounce case being filed by me when notice of accusation was put to accused then she pleaded not guilty and claimed trial and said that she has neither any bank account nor the cheque in question pertains to her and then we enquire from bank then it was discovered that the bank account was in the name of her husband and cheque in question was issued to her husband. It seems that she has given the cheque which was issued to her husband by his banker and she has given the same to me after signing it before me in discharge of her liability towards me .Now may we succeed in present complaint against her or we should file case u/s 420 IPC or any other alternative remedy we may have under this situation ?
Sudhir Kumar, Advocate
(Expert) 10 March 2017
Your query is not at all clear as to :-
(i) why cheque bounced.
(ii) what her husband is saying.
(iii)what was the liability.
krishna mohan
(Expert) 10 March 2017
I agree with Mr. Sudhir Kumar. You may also clarify if banker has issued a cheque to his husband (bankers cheque) not cheque issued to any customer, they can not issue a open cheque.
Guest
(Expert) 10 March 2017
Quite a vague story, as you have not been able even to describe your academic query appropriately.
Rather, if the cheque was not issued in your name, by her or her husband or even by the banker, instead of dreaming about filing a 420 case against the lady or her husband you will get yourself trapped.
Naturally, you cannot claim to be her husband in whose name the banker cheque was issued. She or her husband can even file a case of theft of banker's cheque against you.
Adv. Yogen Kakade
(Expert) 10 March 2017
To get the answer to your query.. have some courtesy to reply the questions asked by the experts.
Madhava Rao Gorrepati
(Expert) 10 March 2017
Mr. Rajan chopra May be you are facing some difficulty in expressing your story. since the cheque is not given on her regularly operated account she is not liable for punishment u/s 138 of NI Act. Go for civil remedy of recovery of money suit.
rajan chopra
(Querist) 10 March 2017
Sir (1) The cheque was bounced for signature differ and insufficient funds (2 Her husband is not in the picture yet as the notice of accusation has recently been put upon accused and the case is at the stage of filing an application by accused u/s 145(2) NI Act (3) The accused borrowed Rs 30000/- from me and issued cheque in discharge of her liability.
Guest
(Expert) 10 March 2017
You are still far from the reality, as banker's cheque can't bounce with any of the said objections, signature differ or insufficient funds, as you stated, "It seems that she has given the cheque which was issued to her husband by his banker."
So, either you don't have any such problem, or have not stated the real facts.
Dr J C Vashista
(Expert) 11 March 2017
Two different reasons i.e., "insufficient funds" and "signature differ" can not be there in the return memo issued by the Banker of accused. Re-check.
Whether the accused has replied demand notice absolving herself with the reasons mentioned by her Banker?
You are the "complainant" or "counsel for complainant"? If you are complainant discuss with your lawyer.
Prima facie it is an academic query as rightly observed by expert Mr PS Dhingra, I agree.
rajeev sharma
(Expert) 11 March 2017
your allegation is that in discharge of liability "she" she gave a cheque which belonged to her husband account and you accepted cheque as payment of liability. Sir now a days all multicity cheque bears the name of account holder. Why it was not so in your case?
Any way if your story is true then file a case for cheating in proper court. You have no remedy in NI Act
Guest
(Expert) 11 March 2017
A cheaue issued by the bank itself (banker's cheque), as you stated, " the cheque which was issued to her husband by his banker," cannot be dishonoured on any such ground, as you stated, "insufficient funds" and "signature differ".
rajan chopra
(Querist) 13 March 2017
Sir I am attorney holder of the complainant who is my uncle also and it seems that the accused is joint account holder with her husband and�we�at the stage of evidance while examining dealing clerk of bank along with record may reveal the fact.
Guest
(Expert) 13 March 2017
Even if you are an attorney for your uncle, still provisions of banking rules and the Negotiable Instruments Act will not change.
In this case, you have to decide what exactly is the case and the problem, as at first you stated about banker's cheque and now you have stated that husband and wife are joint account holders. You should know that a banker does not issue cheque from a private bank account.
In fact, you are not sure about what is what of the case.
Sudhir Kumar, Advocate
(Expert) 14 March 2017
"it seems that the accused is joint account holder with her husband "
You cannot go to court unless fully satisfied of the facts.
Dr J C Vashista
(Expert) 14 March 2017
No opinion can be formed on the basis of presumption, the author is required to reply the questions raised by experts.
rajan chopra
(Querist) 14 March 2017
Sir the accused gave a cheque to my uncle after signing it in his presence in discharge of her liability and which on presentation was dishonoured due to reasons assigned in column no 12 as signature differ and in column of other reasons as funds insufficient and thereafter legal demand notice was issued at the correct address of accused and the accused neither replied and nor paid the cheque amount and subsequently complaint u/s 138 N.I Act was filed and when notice of accusation was put to accused then she pleaded innocent and said that she is neither any such bank account holder and nor the cheque in question relates to her then we verbely requested the official of bank concerned and we were told that the account number is in the name of the husband of the accused.These are the all facts till date and in these circumstances what we should legally do to meet our goal of justice ?
