G.G.Shaikh Advocate M:9898038990 (lawyer) 01 September 2010
res friends,
my client 's wife have field cases under ipc 498, pwdv act and then after also filed case under ni action by misused of berar cheque of husband . The signature of my client is on frunt and back side of cheque . The cheque is deposited by endorsement of A/c payee by wife. please give me guideline or any judgment for this kind of berar cheque
mukesh (Legal Consultants) 01 September 2010
Sir,
the signature on back side of ur client demonstrates the very nature of che being a bearer cheque. The said che can b sent to handwriting expert for his opinion of handwriting on che particulalry of word "A/c Payee" --- if opined in ur favour then u can prove dat the cheque in issue is fraqudently presented and it's is not drawn for legally enforceable liability-- so S.118 of NI Act cud b rebutted. Other prov u/s 139 NI Act automatically becomes rebuttable
Thanx
mv jha & co
Advocates
Isaac Gabriel (Advocate) 02 September 2010
Unless it is proved that the cheque was issued towards a specific liability or loan, it cannot be directed against you. You can inform the banker about the loss af the cheque book/cheque so as to avoid anyfurther injury.
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