Legal Question in Criminal Law in India
My wife had to issue a post dated cheque before our marrige forced by her parents in 2008. After 2 yrs, the lender (person who gave handloan of 8.75 L to my wife's parents and inturn took a post dated cheque of my wife before marriage) has sent a notice to her saying "Cheque was dishonoured - Account dormant".
The bank account was closed automatically by bank in 6 months after she left the company she was working in 2008.
The lender states in the notice that the cheque was issued on 25 Aug 2010 (post dated cheque was issued by her in 2008) and got dishonoured on 27 Aug 2010.
1. The post dated cheque was issued in 2008 before marriage and the lender states it as issued in 2010 after marrige. So, will it affect me/my wife in any way?
2. Is there no way wife can be relieved from this apart from paying the lendor? (Her parents had taken the money issuing her cheque to lendor)
3. If the lender files a complaint, what action will be taken on my wife?
4. Will my wife's parents not be held responsible for such issues as they had created all this issues.
5. I'm from a middle class family and can't afford to pay to the vendor on behalf of my wife. Can anybody please help me/give suggestions as this is seriously affecting my married life?
2 Answers from Attorneys
you may take the plea that the date is forged on the cheque. how much is the cheque amount. the defence may be taken accordingly.
Your wife may contest on the ground, first, that she was not liable and the cheque was never for consideration, it was issued in 2008.
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