Can a wife be held liable in a cheque bounce case?

618 votes

Yes she is liable because she is proprietor and gpA holder signed on her bihalf there for she is fully liable fir such liability and every act dine by gpA holder are like done by her, she is liable for every legal liability

Advocate Azad Singh Marothia LawRato

605 votes

Hello,

Yes, definitely , house wife be impleaded as a main accused party in Cheque Bounce Case, if she is a proprietor of cheque issuing firm . but can also be enjoy some relief from the curse of the Law, if she shows evidences related to GPA and that the same cheque was not issued as per her directions.

Advocate Sumit Sharma LawRato

923 votes

The normal rule in the cases involving criminal liability is against vicarious liability. To put it clear, no one is to be held criminally liable for an act of another. It is only the drawer of the cheque who can be prosecuted. In the case on hand, admittedly, the wife is not a drawer of the cheque and she has not signed the same. Similarly, In
case of issuance of cheque from joint accounts, a joint account holder cannot be prosecuted unless the cheque
has been signed by each and every person who is a joint account holder.

But here it also depends on the contents of the GPA which have to be seen.

Advocate Prateek Aggarwal LawRato

647 votes

If the Cheque Signed is of the account of firm , the firm of which wife is the prop. , then the complaint will be filed against the wife, a s the husband is only the GPA, the liability discharged was that of house wife, so yes wife will be liable .

Advocate Pratik Duhan LawRato