Joint account holder if not signed
neeraj
(Querist) 27 August 2018
This query is : Resolved
my uncle and aunty having joint account , a blank cheque was given by my uncle to a financer as a security, and he is the only one who signed the cheque. but the financer done fraud and gived that cheque to his known who submitted that cheque with his banker and got the cheque bounce.
Now the person send notice and current statues is 138 case is on my aunty, warrant issued in the name of my aunty.
there is no sign of My aunty on the cheque, apart she is the joint account holder
Can 138 case put on my aunty or issued a warrent to my aunty is lawfull ? my uncle is no more with us
Pls sugguest us
Guest
(Expert) 27 August 2018
In a warrant case, your aunty must have hired a lawyer. What does that lawyer do in that case and how reply of experts to your casual type of query is likely to help your aunty with outside help of LCI experts when her own lawyer may be having some different defense strategy for your aunty?
Better tell your aunty to rely on her own lawyer. However, if her own lawyer is incapable to defend her case appropriately, he can also raise a query for help by the experts at LCI.
K Rajasekharan
(Expert) 27 August 2018
The court might have issued summons to your aunty before issuing the warrant. She might neither have attended the court nor appointed a legal counsel to proceed with the case.
When a court finds some prima facie evidence of an offence and issue summons it is the duty of the accused to submit before the court take and part in the proceedings so as to prove not guilty.
ashok kumar singh
(Expert) 28 August 2018
AGREE WITH THE OPINION OF EXPERTS,
THANKS
ASHOK KUMAR SINGH, ADVOCATE
P. Venu
(Expert) 28 August 2018
First of all, get a copy of the complaint.
Hemant Agarwal
(Expert) 02 September 2018
1. SECURITY Cheque bouncing is NOT prosecutable under the N.I.Act.
2. In Savings Accounts /Individual accounts (non-firm accounts), ONLY the signatory of the cheque can be prosecuted.
3. Cheque attempting to be encashed by unknown person (other than financier) is a Criminal offence on part of the unknown person. File Police FIR, immediately and request for Police Investigation.
4. File Writ Petition in HC, based on the above two points (1 & 2) , and the 138 case will be quashed.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Guest
(Expert) 02 September 2018
Some experts breed in themselves a sheer misunderstanding about security cheque. They forget, security cheques are not meant for mere preservation on record of the lender/ creditor. That can be encashed in different circumstances by the holder in due course. If a security cheque is considered to be not prosecutable, they should have quoted relevant section of the Negotiable Instruments Act. Mere presumption to such effect has no relevance.
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