Cheque Bounce
maynami
(Querist) 03 August 2009
This query is : Resolved
Hi,
My wife has given 13 lakshs to one female without any document or proof without my knowledge, when i came to know this issue i scolded my wife and asked her to take any proof from that lady. When my wife asked about the same to that lady she has signed promisory notes and issued her husbands cheque for Rs 13,00,000 along with her father in laws signed cheque as surety. She asked her husband to execute her liability on a bond which was signed by her husband.
After 2 months, now she says she has returned us money.
We have deposited the cheque issued to us of her husbands for Rs 13,00,00 which was bounced. Now we have her father in laws cheque also with us. Now iam in fear and confusion as how to get my money and how should i approach legally.
will i get my money if i approach legally. Can any one suggest us the procedure and share your ideas
charudureja
(Expert) 03 August 2009
well u have the cheques thn why dou fear n if she says she has given u back the money then is there any receiving done by u. if u havent accepted n given in written then u need not to worry
2 2nd pblm is to get back the money legally u can present the cheque to the bank n on its being bounced the signatory has to full fill its duty or the law will take its course. a case under NI 138 will be filed
Kiran Kumar
(Expert) 03 August 2009
in my opinion u ve made a big blunder.
its a matter of common sense that u had promissory notes from one person then how can u fix the liability of husband of that person.
may it be the case the cheques have been issued by her husband but he is not liable in my opinion.
there is a SC judgment in the yr 2008 by virtue of which the complainant is supposed to prove that from which account the money was given and how the legally enforceable debt is made out.
if u use the promissory note then the liablity stands against the female only and not against the husband.
there is no documentary proof that u paid the money to her husband or her father in law....then how they are liable under S.138 NI Act.
but u ve been cheated u can file complaint under S.420 IPC.
and for recovery use the Promissory Note and file the civil suit for recovery.
consult some local lawyer for the detailed discussion.
dont worry the things will be corrected.
Advocate SK Rohilla New Delhi
(Expert) 03 August 2009
Dear Moneywala,
ISSUE NOTICE FOR RECOVERY OF AMOUNT--THAN File recovery suit and do not get net again with false promise---Use bond as admission of liabilities in evidence.
Cheques issued by F-I-L is useless.
TAKE ADVICE FROM LOCAL LAWYER.
Kamal Grover
(Expert) 03 August 2009
First of all send a legal notice against the cheque bounce and dont mention your above story. secondly do what Mr.Kiran kumar has offer, u will get not only what you have paid but more than that alongwith interest.
Regards
For More detail, Mail your detail to the undersigned;
Mr. Kamal Grover, Advocate (Chandigarh, India)
M: 09814110005
e-mail: adv.kamal.grover@gmail.com
Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality.
maynami
(Querist) 05 August 2009
Hi
Please suggest and guide me in this matter. Your valuable feedback would be higly appreciated
MANISH
(Expert) 10 August 2009
Dear friend,
I agree with Mr. Kiran Kumar.
But I disagree a little bit. Inasmuch as, as per a recent decision of the P & H high court, you may file a complaint against the husband of that lady on the basis of that cheque, because it is in normal day's business transactions that one person's cheque could be used by another person as holder in due course, but over here, there may not be a financial transaction between husband and wife, so there are less chances of succeeding in the case. The best option available to you is to file a summary suit u/o XXXVII of CPC on behalf of that promissory note.
You may further file a criminal complaint u/s 420 IPC.
Sachin Bhatia
(Expert) 28 September 2009
Fully agreed with Mr. Kiran
