Legal Question in Banking Law in India
Negotiable Instruments Act,1881
Sir, I am a student of BA LLB course in NLS.We have a Moot Court problem On Negotiable Instruments Act,1881.My question is, can the wife of the drawer be held liable if the drawer gives a bounced cheque to the drawee?
5 Answers from Attorneys
Re: Negotiable Instruments Act,1881
yes if she is a signatory to the cheque and has paid the amount towards legal liability of her husband.
Re: Negotiable Instruments Act,1881
I wonder whether you learnt your lessons properly in NLS. First the term 'drawee' in the case of a cheque denotes the Bank and not the payee. No body gives a bounced cheque to another. On the other hand the cheque is given first. only then there is the possibility of the cheque bouncing. Put your question properly. Then expect an answer.
Re: Negotiable Instruments Act,1881
Please put the facts clearly.
Lots of technical faults!
Understand the question what you want to ask?
Re: Negotiable Instruments Act,1881
No
Re: Negotiable Instruments Act,1881
No, the wife of drawer cannot be fastened with any liability
PROVIDED
(A) she is not a signatory to the cheque and
(b) is not a partner in the drawer's business.
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