Hi freinds . one of my freind borrowed rs 9 lakh for his daughter's marriage . he has given a blank cheque belongs to his wife (signed by his wife ) . is it enough to file the case . he

how you transfer money?
whom you transfer money husband or wife?

Yes, 138 proceedings can be initiated against the (wife), who has signed the cheques

Yes, 138 proceedings can be initiated against the (wife), who has signed the cheques

Law is very clear, once you sign the cheque it is very heavy burden upon the signatories to prove their case and it also attributes to the cheque bounce criminal conspiracy.

Om prakash you seems to be novice  so using abusive language.

Read laest APEX COURT  orders. Mr Rakesh is right.

 

 

Husband has borrowed money and in return he has given a cheque signed by his wife on her account. Husband and wife are jointly and severally  responsible to repay the loan taken for their daughter's marriage. I believe the daughter is daughter of the wife also. The case will attract Section 139. In fact Section 139 is introduced because litigants were playing such tricks. Heve you met the requirement of sending notice to the borrower? If they disown and contest they can be charged under IPC Section 120B for criminal conspiracy also.  In law there is the question of nexus also. There is a nexus between the husband borrowing money and wife giving a cheque in return. Hire a good lawyer.