Procedure and Jurisdiction to file a check bounce case

My father has sold a land for 24 lakhs to a lady in july 2014. And that lady has given 16 lacs inhand on that day itself and for remaining 8 lacs she asked for 3 years time and given check dated on 21/7/2017 also mentioned it in agreement check is given the name of her husband and now the check bounced due to insufficient funds. My father has already sent legal notice of 15 days both in the name of husband and wife. And the lady replied by giving false statement that "I have already given a money of 2 lac on 9/10/2014, 2 lac on 10/11/2014 and 4 lac on 6/1/2015 and you are executed reciept for that" she and her husband are big fraudster. Now the thing is how i can file 138 ni act? whether i can file 138 ni act both in the name of husband and wife or only in the name of husband? please reply

Answers (3)

104 votes

You can file check bounce in the husband name as his name is mentioned in cheque .... Kindly file the petition before court as soon possible as the limitation period is above to end and it will be difficult to file in the court

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80 votes

If the cheque is signed by wife then you cannot make husband a party in section 138 . You are right in sending a notice to both but action lies only against wife, however you can take up civil action against both of them.

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126 votes

When you have not issued receipt then dispute it it must have not contained your signature if it is not your father's then file a forgery case against her at Magistrate Court . Meanwhile you have to file cheque bouncing case at jurisdictional case on the person whose name mentioned on the cheque only. Also you can file case against her by challenging the sale deed in which she has not paid the sale amount completely hence file one case against that lady and for cheque bouncing you can drag her husband.

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