Can wife be prosecute if cheque was issued on my account not hers


My wife owes dues on a credit card bcoz of financial probs.i her husband settled her account and paid 7 instalments out of 8. Now the bank has filed a case against her but the cheque that was issued to the bank was frm my account and signed by me.it was not a joint account.so i want to know whether my wife can be prosecuted under NI act.pls reply as to wherther she has to appear before the court on the appointed date.

Answers (1)


223 votes

Neither you nor your wife can be prosecuted under the NI Act, under the circumstances mentioned by you. If your wife has received the summons in the case, the must have been numbered, therefore she needs to attend the Court but if there is sufficient time to file a case your wife needs to file a Criminal Petition under section 482 Criminal Procedure Code before the Hon'ble High Court and ask for quashing the case pending before the lower Court and pending disposal of such Petition she can ask the High Court to dispense with her presence before the lower Court.


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