Legal Question in Criminal Law in India

I have a few questions about 138 Negotiable instruments act.

1) If cheque bears wife's signature but she has no liability, but the liability is of the husband , can 138 be maintalable?

2) If person is convicted in 138 by the trial court, does court grant time to file appeal or is person taken into custody?


Asked on 7/31/10, 10:46 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

wife would still be liable if she is the signatory but it may be proved that she has nothing to do with the transaction and it was husband who was responsible. secondly, the time is granted for appeal and bail may be sought.

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Answered on 8/03/10, 12:14 am


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