Can wife be prosecuted for cheque bounce which was issued by husband

Wife & husband signed on pro note. But husband only issued cheque. is wife shall be prosecuted under 138 of n.i act? Is there any latest citation of supreme court to save such Wife?

Answers (3)

341 votes

there is no law saying that to punish the other for issuing the cheque of another even though the cheque is issued by husband and for this there is no citation you need to peruse criminal procedure code

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

290 votes

No, wife cannot be prosecuted for the cheque issued by husband, as the cheque is not signed by the wife. even though the Liability is joint ..Wiife cannot be prosecuted. However she will be liable to pay the money if the lendor files a civil suit for recovery of money under pronote.

Popular Cheque Bounce Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
27 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
36 years Experience
265 votes

Dear In your case, there is no chance to prosecute the wife under section of 138 N.I.Act, because she did not signed on cheque. But she is having responsibility on Promissory which was executed with her husband jointly.

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 and has been responded by one of the Cheque Bounce Lawyers at 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 or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles