Sec 319 crpc

Adv.Vishal Anil Vyavahare (Querist) 18 September 2017 This query is : Resolved
Respected Sir,
My client give the handloan of rs 400000 to his friend and for repayment he handed over the cheque signed by his wife N told that his wife was account holder. then the cheque was dishonoured due to FUNDS INSUFFICIENT AND SIGNATURE DIFFERS. Notice under sec 138 has been served to the wife of clients friend but no reply. Then case under sec 138 filed against the wife of clients friend as she was signatory of the cheque.
During trial it was brought before the court that clients friends wife is not holding any account in her name but it is in the name of her husband i.e. friend of my client.
So can I file the application under sec 319 crpc to add my clients friend as an accused because he handed over the cheque of his account pretending that the cheque was his wife's account by signing in the name of his wife.
Please suggest.
Thanks,
Vishal .

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Guest (Expert) 18 September 2017
The Prima facie opinion to be formed requires stronger evidence than mere probability of his complicity.Yours is a good case Sec 319 Cr Pc would precisely suit your case.You could also add him with Cheating and forgery

Rajendra K Goyal (Expert) 18 September 2017
Holder can lodge FIR against the said drawer for cheating and forgery, in the given circumstances.

P. Venu (Expert) 19 September 2017
In my considered opinion, you had no cause of action against the wife. If you were wrongly advised, seek permission from the court to file a fresh action against the person to whom you had advanced the money.

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