Legal Question in Criminal Law in India

The holder of the cheque has filed a complaint against me u/s 138. The cheque has been issued by my wife as she is the account holder and I am only an authorised signatory, I have made certain corrections on the cheque and signed thereafter. But the cheque was not issued by me.

What is the remedy????


Asked on 7/15/10, 1:28 pm

2 Answers from Attorneys
ANURAG TIWARI

No liabilty accrued upon you and you are not lible u/s 138 NI Act. But I am unable to understand as to how you can sign on the cheque on changes made by you. Only your wife can sign that. Bank can not clear cheqe if signed by two persons unless you have joint account.

I have dealt with suc kind of case and got relief from the court.

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Answered on 7/15/10, 10:42 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case you are the authorized signatory of the cheque, you are also liable to be prosecuted along with your wife but at the time of trial or even before the trial starts, you may approach the high court for quashing the summoning order against you.

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Answered on 7/15/10, 11:10 pm


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