vinod (partner) 10 October 2012
my partnershsip firm has borrowed about 8 lakhs from another firm. while the money was being paid in installments the lender force fully collected a cheque from my wife for 100,000 ( my wife is not a partner in my firm nor a party to the money borrowed) and desposited it. the cheqe was returned unpaid and despite my request to return it as she is not a party to it the lender is threntning with artile 138 on me and my wife...is this a mis use of 138 ?
MohammedRaffiq Bijapur (Advocate) 10 October 2012
Yes. when ur wife does not owe any laibility to the firm from where u have borrowed amount. but if the said firm assigns some other reasons than showing ur wife's laibility then it would be different aspect.
SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 11 October 2012
Drawer of cheque is also liable to pay and hence NI 138 can be filed however you and also any cheque bounce accused can come out easily . There are no of defense methods to confuse the complainant.
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