How can I be safe in a cheque bounce case if I was the guarantor

Hi, I am , My Sister's husband used my cheques as guarantee for his debts. Now the case is in trail. Now her husband is not supporting the case proceedings and I fear that she might get arrested. Today there was a hearing of the case and her husband didn't pay advocate fees and denied to appoint an advocate for her. Please suggest if she can escape from it?

Answers (4)

202 votes

You are a party to the cheque bouncing case directly u/ s138 NI act. You cannot escape your liability.These are facts known to before you were guarantor. The only route is to pay the amount back or face the legal course.

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61 votes

first you have to pay fee for advocate , he will do work hard for you 2. is there any proof for, the cheque was issued for security and the sane was proved at the time of trial you will be safe 3. once the cheque was issued 138 is applicable cont ADVOCATE

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Your brother in law has to face the case but not your sister. Your sister can not be arrested.cheque bounce case filed aganist whom he only face the consequences. You are saying that you are guarantor so you also liable.

53 votes

if the case is under promissory notes the female cant be arrested as per the provisions of cpc then can claim over any of your asset known and you can take vakalat and you engage new advocate if they refuse to appoint a new one or get noc from the old one

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