quesWife misused blank signed cheques and filed cheque bounce 138 case?

I issued a few cheques to my seperated wife for monthly expense of my son. She use to cash it every month. One day I lost my office bag which had few signed blank cheques so I informed the bank and they cancelled all the old cheques.

 

I informed my seperated wife about it but she still presented them in the bank and let them bounce while I was not in country and now she has filed a Cheque Bounce case against me.

 

Please advice what can be done?

 

  • ans 

    When you say that you had 'lost' your office bag containing the said cheques, and your wife put them in the bank i.e. had the possession of the said cheques, are you stating that the 'lost' office bag was actually 'stolen' by your wife?

     

    Let's sort your question regarding your defence to the cheque bounce case filed against you by your wife first. Lost / Stolen cheques which were duly informed by you to the bank for a stop payment and also informed by you to your wife, is a valid and strong enough defence under Section 138, Negotiable Instruments Act in addition to the defence that arises by the fact that there would be a difference in the handwriting / ink due to the cheques being blank and the same adds potency to your story of the cheques being lost / stolen.

     

    Coming to look at this from another point of view, in case the lost cheques were infact in the possession of your wife, it amounts to theft, cheating and criminal breach of trust wherein you may file a complaint against your wife under Section 406 & 420 IPC amongst other applicable sections and charges.

     

    Lastly, would conclude stating that all the above defence & rebuttals would hold ground provided you haven't entered into an agreement with your wife for the maintenance of your son for which you had not provided her the same through any mode (cash / cheque) and she thereby used the alleged 'lost' cheques to fulfil your obligation towards the said maintenance.

     

    This is being said as by default, issuing a cheque means you have a financial obligation towards the holder / name bearer of the cheque unless proven otherwise by the defendant, i.e. the person issuing the cheque.

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Cheque Bounce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Cheque Bounce lawyers in India

Similar questions

Free Legal Advice - Cheque Bounce

Cheque Bounce Lawyers

Advocate Diva Arora Menon

  Nizamuddin East
 Experience: 10 years


Advocate Sunil Kadam

  Fort
 Experience: 8 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 years


Advocate R C Mahajan

  Paschim Vihar
 Experience: 22 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly