Legal Question in Criminal Law in India
i received a letter from a lawyer on behalf of an employee of my wife that the cheque was dishonoured and to be paid, failing to meet consequences. The company is in my wife's name, the cheque, account and signature belong to my wife. Subsequently i was prosecuted at dindigul where the staff resides. I attended court.Now i would like to know whether i may be prosecuted for none of my mistake.( the fact is that my wife prepares pickle and sell it to few shops.All of a sudden the staff who joined her left suddenly and demaded money for the service rendered. The home town of the staff is dindigul but she came to her aunts place and joined my wife. As my wife was not having fund that time she issued a cheques stating that after a weeks time she will give her money. Meanwhile she got collection from her customers and paid her the amount of Rs. 4500 which is due to her. While receiving money the staff said she misplaced the cheque and took money from my wife. As my wife and me donot know the consequences and there is no fund in the account we were careless about the cheque which she issued. After the staff reached her home town she sent a legal notice assuming that the company, bank account and signature belong to me. Is there any possibilty to come out of the hurdle. Should i go through all the proceedings of the MM court. She is threatening and demanding 10 times of the cheques amount so as to withdraw the case. Can i file any petition to high court to get relieved from this case.I stay here at vilupuram which takes 10 hrs travel to dindugul where the case has been filed. Kindly help me to come out of this hurdle with your valuable guidence. (im working as a clerk in a small scale unit and i would assist my wife during holidays)
Raman
3 Answers from Attorneys
your story confused me call me on 09587744142
details are not clear.
If cheque is issued and signed by your wife, you can not be prosecuted u/s.138 NI.
You may consider making appropriate application in the trial court first before approaching the high court.
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