Sec 138 legal notice
neeraj
(Querist) 29 July 2019
This query is : Resolved
Sir, In case of cheque bounce in a joint account holder ( ( Husband and Wife ) case 138 notice sended to non signe of also. what action should they take.
cheque is signed by husband only and husband is no more now. And wife is facing trail in court.
Also cheque is not given to the person who logged the case against my uncle and unty.
Cheque is given to a financer against the loan.
So what action we should take if 138 notice is sended to a non signe of cheque.
Hemant Agarwal
(Expert) 29 July 2019
1. Cheque bouncing case is possibly ONLY between Drawer and Drawee of the cheque and not on a third party against whom there would be no legally enforceable debt /liability.
2. File Recovery Suit in the local Civil Court (within limitation period) for the cheque amount, IF the cheque bouncing case is going to be infructuous.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Adv. Vaishali Harish Gore
(Expert) 30 July 2019
cheque bounce is between drawer and drawee, u mean the person who had signed cheque is no more and person whom given the cheque not filed the case?
your aunty must be received a notice, check details mentioned in the notice and take proper stand after consulting a lawyer
