Legal Question in Criminal Law in India

Dear Lawyers,

My husband borrowed Rs 150000 from a local person (not a licensed financier, but doing finance business locally) by signing in an empty document and submitting his blank cheques along with my signed blank cheque without my notice @ 2009. Then he kept paying some interest money monthly and because of some other issues (personal issues), he left me by 2010 & I don't even know where he is now (not divorced also) & whether he paid back that amount. From there on, I am living alone with my kids in other location. Few days back, I came to know through one of my old neighbors that the financier filed a cheque bounce case for Rs 1500000 against me stating that I have borrowed that amount by submitting the cheque in Jan 2011 and not returned back the money during Oct 2011 (As the account was not active still 2010, I was not aware the cheque bounce before). I don't know the current status of the case. I am yet to get the position of the case. Now by keeping the below points, suggest me how to defend myself.

1. Cheque is blank only with my signature (I have not filled anything name of the payee, amount etc.)

2. Cheque was not given by me, but my husband.

2. The account was not active since August 2010. But cheque was presented after 10 months i.e. by July 2011.

3. I had no interactions either physically or through phone call with that financier.

4. As I have changed my address, I have neither received any legal notice nor aware of this case till few days back.

5. The person who filed case against me is not a licensed financier (doing some petty finance & real estate) and he is from my husband's locality. Also he claimed Rs 1500000 which is too much, even my husband was not due that much.

6. The signature on the cheque belongs to the period of 2009 i.e. two years earlier than the date stated in the case.

Please help me with some valuable suggestions, so that I will proceed with the help of a lawyer (keeping myself equipped). And also if possible state me approximately what will be the the position of the case, as it was filed during Oct 2011.


Asked on 4/15/14, 12:15 am

1 Answer from Attorneys
Sunil Goel S.G. SOLICITORS

If you have never received any demand notice from the financier, then you need not worry at all because service of demand notice is mandatory for filing cheque bounce case under Section 138 Negotiable Instruments Act. Such a case is filed before judicial magistrate. Moreover the cheque was issued as a security. If he has filed a civil case of recovery, then after you receive summon from the court, you may take all the pleas available to you including that there is nothing payable by you, cheque was given as security etc.

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Answered on 4/18/14, 4:23 am


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