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Is a wife (proprietor) liable for the cheque issued by man (GPAholder)
14-Jan-2023 (In Cheque Bounce Law)
If house wife in properitor and husband is GPA holder and issued the cheques can wife is also lible for summing under 138 NI act or not
In case of proprietorship firm wife is liable t be prosecuted as her husband is GPA holder, which make principal agent relationship. She can be exempted only after showing the facts that she is not aware of the issuance of cheque with evidences for discharge of her liability.
regards,
Adv Malhotra
regards,
Adv Malhotra
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Adv. Deepak Malhotra
Chandigarh | 100+ Answers
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as per section 141 and sub section 1(1) of N.i act company means any person may be manager , account offer of nay person who aware about the act or involve in the act liable to summon under section 138 of N,A act
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Adv. Pradeep Kumar Sharma
Chandigarh | 25+ Answers
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Yes.. since the proprietorship concern is in the name of the wife and the husband is merely a GPA holder, the wife is responsible for the cheque bouncing. In fact she is more reeponsible than the husband as she is the proprietor of the firm. The case can be filed in only her name and also full recovery can be done from her
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Adv. Hargun Singh Bhatia
Chandigarh | 25+ Answers
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