Hi
In one of my cases a friendly loan was taken by the accused. Thereafter one day the accused wife issues a cheque to my client which bears the name of the accused. However the cheque bounces and after sending the notice a complaint is filed. However the Ld Magistrate states that the complaint is not maintainable as the said cheque is not issued by the accused since its issued by the accused wife.
Pls let me know if she is correct in stating that its not maintainable. Any case laws to satisfy her query. Complaint is filed in Mumbai
Regards,
Nitin P Kotian
9819007158