Legal action if father took loan and gave cheque in mother's name

My father taken a personal loan of 5 lakhs against my mother named blank checks in 2009. The person deposited the check in bank. But these checks are no longer acceptable in bank because bank didn't accept the pre 2010 checks. Also I already done the stop payment of checks 2 years back. As loan is taken by my father not my mother. Now that person is threatening us to file the case against my mother. Does the person is eligible to file the case against my mother? If yes please guide us what to be done in this case?

Answers (1)

277 votes

As written by you your father issued a cheque from the account of your mother. I presume that the signature in the blank cheque is of your mother. If the bank is not accepting the cheque then how can he file a case under section 138 until the cheque is bounced. And he cannot file a recovery suit against your mother because your mother has not taken any money.

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